Neutral Citation No. - 2025:AHC:52932-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 260 of 2025 Appellant :- Rajneesh Kumar Singh Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Appellant :- Vinay Kumar Singh,Vinod Kumar Singh Counsel for Respondent :- C.S.C.,Jitendra Kumar Srivastava Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. In Re: Civil Misc. Delay Condonation Application No.02 of 2025 1. Appeal has been filed with a delay of 29 days. 2. Cause shown is sufficient. 3. Application is allowed. 4. Delay is condoned. Order on Appeal There exist an institution in the name of Janta Uchchattar Madhyamik Vidyalya, Jeerakpur, Baraipar, District- Jaunpur. A Class-III post has admittedly come into existence in such institution on 31.10.2016. It is undisputed that this post was to be filled by promotion under the regulations. The regulations clearly provide that the claim of the senior most eligible peon/ Class-IV employee for promotion will be considered and only if no person is found suitable for promotion that the post can then be advertised for direct recruitment. The respondent- petitioner claims to be the senior most Clause-IV employee in the institution. Learned Single Judge by his judgment under challenge has directed the competent authority to accord consideration to the claim for promotion of respondent-petitioner, in accordance with law. The earlier rejection has been set aside after noticing that relevant considerations had not weighed with the authority while rejecting the claim. The judgement of learned Single Judge is challenged by the applicant- Rajneesh Kumar Singh, who claims that since none was found suitable for promotion as such the Committee of Management had advertised the vacancy for direct recruitment whereafter he has been substantively appointed on Class-III post. It is therefore submitted that there exists no vacancy against which the claim for promotion of respondent-petitioner can now be considered. Shri Gajendra Pratap, learned Senior counsel for the respondent- petitioner points out that claim of applicant- Rajneesh Kumar Singh has already been rejected by the competent educational authority and the legality of such order is pending consideration before this Court in Writ Petition No.15790 of 2024. Be that as it may, it remains undisputed that the vacancy on a Class-III post had arisen on 31.10.2016 and was to be filled by way of promotion. The respondent- petitioner claims to be the senior most Class-IV employee. It is also the case of the respondent-petitioner that he possess requisite eligibility for promotion and his claim was rejected for erroneous reasons. Learned Single Judge has directed the authorities to consider the claim of respondent-petitioner for promotion, in accordance with law. All questions including the eligibility of the respondent- petitioner is to be accorded consideration for promotion by the authority, afresh. In such circumstances, we find no occasion for this Court to interfere in the judgment of the learned Single Judge at the instance of the present applicant, who claims direct recruitment against the post. The claim for direct recruitment would arise only after it is held that none is eligible for promotion. At the instance of the present applicant, therefore, we find no occasion to interfere with the judgment of the learned Single Judge. Special appeal accordingly fails and is dismissed. Order Date :- 10.4.2025 A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad