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2025 DAILYLAW 38315 (ALL)

ANITA PATEL v. STATE OF UP AND 6 OTHERS

SPLAD/271/2025 · 2025-05-21

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 271 of 2025 Appellant :- Anita Patel Respondent :- State Of Up And 6 Others Counsel for Appellant :- Ten Singh Counsel for Respondent :- C.S.C.,Siddharth Khare Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. This special appeal has been instituted with a delay of 293 days. The order passed by learned Single Judge dated 15.05.2024 is assailed, whereby, the order of the authority rejecting the regularization of respondent-petitioner has been suspended and a direction has been issued allowing the respondent to continue as officiating principal of the institution. Admittedly, the writ petitioner was appointed in 1990. His claim for regularization was rejected primarily on the ground that though he claims to have been appointed in 1990 but he was not paid salary for certain intervening period. So far as the claim of the writ petitioner is concerned, his grievance came to be examined by a Division Bench of this Court in Special Appeal No. 1025 of 2002, wherein, the working of writ petitioner was clearly acknowledged and the previous order of District Inspector of Schools declining to sanction salary dated 06.09.1994 was quashed. Since the authorities have treated the disputed period when the salary was not paid to the writ petitioner to be such as it would not constitute the period of continuance of working for regularization, as such the petitioner has filed the writ petition. Learned Single Judge has gone into the facts and an appropriate interim order has been passed in the matter. The State is not aggrieved by such order and no appeal is filed. The appellant before us is the next senior most teacher. So far as the appellant is concerned, he has been appointed only in the year 2012, whereas, the writ petitioner has been working since 1990. In such circumstances, at the instance of the next senior most teacher, we are not inclined to entertain the present appeal by condoning the delay of 293 days in its filing. In that view of the matter, the delay condonation application as well as appeal both are dismissed. Liberty stands reserved to the parties to contest the matter on merits. Order Date :- 22.5.2025 K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad