Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:110705-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 187 of 2011 Appellant :- Santosh Singh Respondent :- State of U.P. and Others Counsel for Appellant :- Pankaj Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. The matter was taken up in the revised list. However, none appeared on behalf of the appellant to press the appeal, nor has any adjournment slip been moved.
2. The instant intra-court Special under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 (hereinafter referred to as the
"Rules, 1952") is being preferred by the appellant-petitioner challenging the legality and validity of the judgment and order dated 1.11.2010 passed by the learned Single in Writ A No.65205 of 2010 (Santosh Singh Vs. State of U.P. and Others), wherein, learned Single Judge has proceeded to dismiss the writ petition.
3. The record in question reflects that petitioner-appellant was appointed by the Principal of the Institution concern in anticipation of creation of the post by the Director of Education concern and remuneration which was to be ensured to the petitioner-appellant was minimum pay scale from personal resources of the Managing Committee. The petitioner-appellant had approached before writ Court for regularization the services, wherein, learned Single Judge was please to dismiss the petition vide its order dated 1.11.2010 precisely taking note to the relevant provisions of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the
"Act, 1921") to the effect that Act, 1921 itself does not provide for absorption/adjustment/regularization as has been claimed by the
appellant-petitioner.
4. Considering the aforesaid factual aspect of the matter, we find that no such error is reflected from the impugned judgment and
order dated 1.11.2010 and the same warrants no interfere from this Court as well as in view of the fact that the matter pertains to the year 2010 and in the absence of any effective representation, it appears that the cause of action has become stale and the appeal has been rendered infructuous by efflux of time.
5. Accordingly, the instant appeal stands dismissed as infructuous.
Order Date :- 10.7.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad