HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 732 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE SIDDHARTH NANDAN, J. 1. The present intra-court appeal is directed against the order dated 09.07.2025 passed in Writ-A No. 5948 of 2025, whereby the writ petition filed by the appellant-petitioner has been disposed of with the following direction: "8. In aforesaid circumstances, this writ petition is disposed of with an observation that in case petitioner files proper application for leave for aforesaid period within 2 weeks from today, it will be considered by concerned respondents in accordance with law after taking a sympathetic view that petitioner has suffered with 48% permanent disability." 2. Learned counsel for the petitioner-appellant submits that the relief claimed in the writ petition was for payment of arrears of salary for the period 15.03.2023 to March, 2024. As such, the learned Single Judge has erred in granting liberty to the appellant to move application merely for leave for the said period. He submits that the petitioner suffered an accident, on account of which he got disabled and the respondent- Corporation conducted a medical examination and, on basis thereof, gave light duties. As such, it is urged that the petitioner-appellant is entitled to salary for the period in question. 3. Shri S.K. Mishra, learned counsel appearing on behalf of the respondent-Corporation, on basis of a previous order, has obtained instructions in the matter and states that since the petitioner filed application intimating the corporation regarding his accident and for assigning light duties to him for the first time in July, 2023 and, therefore, the petitioner-appellant could not claim salary for any period before July, 2023 and it could be adjusted against medical leave and earned leave. He submits that the application for leave filed by the petitioner-appellant in pursuance of the liberty granted by the writ court would be considered and disposed of by the respondent-Corporation within a short period. Versus Counsel for Appellant(s) : Ajay Kumar Srivastava Counsel for Respondent(s) : C.S.C., Sunil Kumar Misra Shiv Kumar .....Appellant(s) State Of Up And 3 Others .....Respondent(s) 4. It is not disputed before us that the appellant moved application for leave and for assigning light duties for the first time in July, 2023. Therefore, we are of the opinion that the matter relating to grant of leave in pursuance of the order of the writ court is required to be considered accordingly. 5. We may also note that the learned Single Judge has returned specific finding that soon after the petitioner-appellant was subjected to medical examination, without delay, the respondent-corporation assigned light duties to him and there is no dispute relating to any subsequent period. 6. Accordingly, the appeal stands disposed of directing the respondent- Corporation to take decision as per the stand taken by it before us. October 15, 2025 Sumit K. SPLA No. 732 of 2025 2 (Siddharth Nandan,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad