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Neutral Citation No. - 2025:AHC:81205-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 345 of 2025 Appellant :- State Of Up And 3 Others Respondent :- Basu Dev Singh And Another Counsel for Appellant :- C.S.C.,Pramod Kumar Pandey Counsel for Respondent :- Sankalp Narain Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. (Ref: Civil Misc. Delay Condonation Application)
1. Heard.
2. Delay in filing the present appeal is explained to the satisfaction of the Court. Delay is, accordingly, condoned.
3. Application stands allowed. Ref: Appeal
1. Learned Single Judge has allowed the writ petition filed by the respondent-petitioner challenging the order whereby his salary was stopped. It has been noticed by learned Single Judge that a dispute of seniority was being examined by the Director and while doing so he proceeded to make some observations with regard to legality of appointment of the writ petitioner as a result of which his salary was stopped. Learned Single Judge has come to the conclusion that almost at the fag end of his career, such order for stoppage of salary could not have been passed.
2. Sri P.K. Pandey, learned Additional Chief Standing counsel submits that the approval order in favour of the petitioner itself was not available on record.
3. Sri H.N. Singh, learned Senior counsel for the appellant points out that much thereafter the services of writ petitioner were regularized on 25.4.2006 which order has attained finality and was never questioned thereafter.
4. It is admitted that the respondent-petitioner had requisite
qualification for appointment and continuously worked for almost three decades. It is at the fag end of his career that an order has been passed for stopping his salary. The order regularizing the services of writ petitioner passed in the year 2006 has otherwise not been challenged/questioned. In such circumstances, the conclusion drawn by the learned Single Judge for interfering with the order of educational authorities stopping salary is clearly borne out from the materials placed on record. In such view of the matter, we do not find any good ground to interfere in the present appeal which, consequently, fails and is dismissed. Order Date :- 16.5.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad