HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 495 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE INDRAJEET SHUKLA, J. Order on Civil Misc. Delay Condonation Application No.1 of 2025 1. This is an application seeking condonation of delay in filing the appeal. 2. Learned counsel for the respondents does not have objection if the application is allowed. 3. We also found that delay has been sufficiently explained, hence, the delay is condoned. 4. The Delay Condonation Application is accordingly, allowed. Order on Special Appeal 1. The appellant/petitioner was promoted in Class-III post in the year 2013. He retired in 2021. Four years after his retirement and 12 years after his promotion to Class III post, he filed Writ-A No.12877 of 2024 (Amar singh Vs. State of U.P. and 4 others) praying that he should be treated as promoted on Class III post with effect from the date of completion of five-year-service on Class IV post in terms of Government Order dated 03.09.1995 specially as one Laxman Kishor Mehrotra was considered and promoted in 1996. The writ petition was dismissed on the ground that Laxman Kishor Mehrotra was posted in District-Bahraich whereas appellant was posted at District- Barabanki and there is no such right under any Rule or Government Order for claiming promotion on completion of five year service on Class IV post. Versus Counsel for Appellant(s) : Raj Karan Singh Counsel for Respondent(s) : C.S.C. Amar Singh .....Appellant(s) State Of U.P. Thru. Prin. Secy. Lok Nirman Vibhag And 4 Others .....Respondent(s) 2. We have perused the Government Order dated 03.09.1995. It prescribes quota of 20% for considering eligible Class IV employees for promotion to Class III post based on examination. We do not find any error in the impugned judgment passed in the Writ-A No.12877 of 2024 or on the Review Application (Defective) No.149 of 2025 specially as learned counsel for the appellant/petitioner has not been able to demonstrate that the cadre of the promotional post was not a district level cadre but a circle level cadre and that the appellant was senior to Laxman Kishore Mehrotra. 3. Accordingly, the writ petition is dismissed. December 12, 2025 Mohit SPLAD No. 495 of 2025 2 (Indrajeet Shukla,J.) (Rajan Roy,J.) Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad, Lucknow Bench