Neutral Citation No. - 2025:AHC:31299-DB Court No. - 39 Case :- SPECIAL APPEAL DEFECTIVE No. - 177 of 2025 Appellant :- State of UP and 3 others Respondent :- Sanjay Kumar Yadav and 2 others Counsel for Appellant :- C.S.C.,Fuzail Ahmad Ansari,S.C. Counsel for Respondent :- Siddharth Khare Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Civil Misc. Delay Condonation Application No.02 of 2025 1. This application seeks condonation of delay in filing the special appeal. 2. Cause shown in the affidavit filed in support of the delay condonation application for the delay in filing the special appeal is sufficient. 3. The delay condonation application is allowed and the delay is condoned. Special Appeal 1. Heard Sri Fuzail Ahmad Ansari, learned Standing Counsel appearing for the State-appellants and Sri Siddharth Khare, learned counsel for the respondents. 2. This special appeal has been filed against an order of the learned Single Judge dated 03.10.2024 passed by the learned Single Judge in Writ-A No.6419 of 2019. 3. The petitioner was, after the advertisement was published on 21.07.2016, interviewed on 29.07.2016. 4. Learned Standing Counsel has submitted that while granting the interim order, entire writ petition has been allowed. 5. Learned counsel for the petitioner-respondent, however, submits that the order dated 03.10.2024 impugned in the special appeal was in fact an interim order and that the writ petition had still to be decided. 6. We have heard learned counsel for the parties and find that in fact the order dated 03.10.2024 is an interim order and merely because the learned Single Judge has stated that 'a mandamus was issued' does not mean that the writ petition had been finally decided. We therefore modify the order to the extent that the mandamus issued would be treated to be an interim mandamus. We further provide that the payment of the arrears of salary would be subject to the decision of the writ petition. 7. The special appeal accordingly stands disposed of. Order Date :- 5.3.2025 Shahroz (Dr. Y.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad