Neutral Citation No. - 2025:AHC:79383-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 817 of 2024 Appellant :- Board Of Basic Education And 2 Others Respondent :- Shri Radhey Shyam Gangwar And Another Counsel for Appellant :- Kushmondeya Shahi Counsel for Respondent :- Ajay Kumar Srivastava,C.S.C.,Jay Shree Tripathi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. Learned Single Judge has allowed the writ petition filed by the respondent and a direction is issued to release suspension allowance for the period of 03.06.2008 to 30.06.2013 to the petitioner. Basic Education Board has filed the present special appeal stating that the facts are not correctly noticed and no counter affidavit was invited in the matter. It is also submitted that since the respondent was undergoing incarceration due to his involvement in a murder case as such his entitlement to receive suspension allowance was otherwise disputed. It is submitted that learned Single Judge has erred in disposing of the writ petition without giving adequate opportunity of contest to the appellants. Learned counsel for the respondent does not dispute the fact that no counter affidavit was filed in the matter and the writ petition was disposed of at the stage of admission, finally. Since various factual aspects are disputed and no counter affidavit was filed, we allow the present appeal and set aside the judgment of learned Single Judge. The matter is remitted to the learned Single Judge. Learned counsel for the appellants undertakes to file counter affidavit in the writ petition within a period of three weeks from today. Matter shall be listed before learned Single in the third week of July, 2025 by when the writ petitioner may file rejoinder affidavit. Order Date :- 14.5.2025 K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad