Neutral Citation No. - 2025:AHC:49864-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 41 of 2025 Appellant :- State Of Up And 4 Others Respondent :- Sandhya Sharma And Another Counsel for Appellant :- Akanksha Sharma,C.S.C. Counsel for Respondent :- Ghanshyam Das Mishra Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Rajeev Singh,J. 1. Heard Sri Tej Bhan Pandey, learned Standing Counsel appearing for the appellants and Sri Ghanshyam Das Mishra, learned counsel for the respondents. 2. The instant appeal has been filed by the appellants seeking following reliefs:- "(i) To set aside the order dated 12.11.2024 passed by this Court in Writ-A No. 6207 of 2020, whereby the order dated 29.08.2019 impugned in the writ petition was quashed and writ petitioner was granted liberty to deposit management contribution and appellants were directions to calculate and pay the pension to the petitioner on such deposition." 3. Learned counsel for the appellants has pointed that a counter affidavit to the writ petition i.e. Writ-A No. 6207 of 2020 was filed on 02.09.2021, wherein it was clearly stated in paragraph nos.7 and 8 that the institution in question, where the respondent concerned was teaching, was actually taken under grant-in-aid only on 08.07.2005. He has further pointed paragraph no.7 and also paragraph nos.9 and 10 of the aforesaid counter affidavit, wherein the State-respondents had stated that initially, the appellants had filed Writ Petition No.2016 of 2004 seeking inclusion of the institution under grant-in-aid list from the year 1991. The Court disposed of the said writ petition directing the State-respondents to consider the representation. In compliance of the order dated 16.09.2004 passed in the aforesaid petition, the representation of the petitioner was rejected by means of an order dated 21.09.2006. The operative portion of the order dated 21.09.2006 was quoted in paragraph no.10 of the counter affidavit and it was also filed as Annexure CA-1 before the writ Court, but the said order was not challenged. 4. Learned counsel for the respondents was unable to assist this Court on the specific query made with regard to what the petitioners did after the Government Order dated 21.09.2006 was passed rejecting their representation. 5. We have gone through the order dated 12.11.2024 passed by the writ Court carefully and we find that the contents of the counter affidavit and also the contents of the Government Order dated 21.09.2006 have not been discussed at all by the writ Court. We set aside the order dated 12.11.2024 and restore the writ petition to its original number. 6. It is requested that the writ Court, while disposing of the writ petition, shall also consider the contents of the counter affidavit and pass an appropriate order after considering all the pleadings available on record. 7. The instant appeal stands allowed only to this extent. Order Date :- 7.4.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad Digitally signed by :- ARPAN High Court of Judicature at Allahabad