THE COMMITTEE OF MANAGEMENT, SARASWATI INTER COLLEGE ATARRA v. STATE OF U.P. AND 8 OTHERS
SPLA/545/2025 · 2025-07-28
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 64641 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64641 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:125662-DB Court No. - 21 Case :- SPECIAL APPEAL No. - 545 of 2025 Appellant :- The Committee Of Management, Saraswati Inter College Atarra Respondent :- State Of U.P. And 8 Others Counsel for Appellant :- Shivendu Ojha,Sr. Advocate Counsel for Respondent :- C.S.C.,Krishna Kumar Chand,Siddharth Khare Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The instant intra court appeal is directed against an order dated 07.05.2025 passed in Writ-A No.6134 of 2025 granting interim
order in favour of respondent no.8 (Rajini Yadav), petitioner in the writ petition, thereby permitting her continuance in the appellant's institution and be paid her salary.
2. Learned Single Judge, while granting interim order, has held that there are several questions, which requires consideration after exchange of affidavits. It also transpires from the facts noted in the impugned order of learned Single Judge that respondent no.8, the petitioner in the writ petition, has been working in the appellant's institution since the year 2020 in pursuance of Appointment Letter dated 31.07.2020.
3. Shri R.K. Ojha, learned Senior counsel appearing for the appellant does not dispute that respondent no.8 has been working in the appellant's institution since the year 2020. In the writ petition, the order by which placement of respondent no.8 in the appellant's institution has been cancelled, is under challenge. As its validity is still to be examined, we find no illegality in the order of learned Single Judge permitting respondent no.8 to continue in the same institution, meanwhile.
4. We leave it open to the appellant to file counter affidavit and pray for stay vacation as well as early disposal of the writ petition.
5. The appeal stands disposed of accordingly.
6. Any observation made by the learned Single Judge, while granting interim order, shall not influence the final adjudication of
the writ petition.
7. The order has been passed in the presence of Shri K.K. Chand,
learned counsel for respondent no.6. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.)
Order Date :- 29.7.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad