HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 837 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri R.C. Dwivedi, learned counsel for the appellant-respondents, Sri Devesh Vikram, learned Additional Chief Standing Counsel for the State respondents and Sri A.B. Singh, learned counsel for the resppondents/petitioners no. 4 to 7. 2. Present Special Appeal under Chapter VIII Rule 5 of Allahabad High Court Rules 1952 is preferred against the impugned judgement and order dated 7.8.2025 passed in Writ A No. 59550 of 2010 (Sukh Nandan Mall and others vs. State of U.P. and others) by which learned Single Judge has disposed of the writ petition with an observation that in terms of order dated 23.7.1999 passed in Writ A No. 25460 of 1991, the respondents are to pay salary to the petitioners also, within a period of three months from the date of receipt of certified copy of this order. 3. The record reflects that ten teachers were appointed in the appellant's institution, which is recognized and getting grant-in-aid by the State. Five of them had approached to this Court by way of filing Writ A No. 62499 of 2009 seeking quashing of the same order dated 19.6.2009, which was subject matter of challenge in Writ A No. 59550 of 2010. In the said writ petition, an order was passed on 11.5.2010 whereby the Court had directed that the petitioners shall be paid their regular monthly salary w.e.f. 1st May, 2010 for the post of Assistant Teacher in primary section of Ashoka Inter College, Rampur Karkhana, District Deoria. Versus Counsel for Appellant(s) : Ramesh Chandra Dwivedi Counsel for Respondent(s) : Awadh Behari Singh, C.S.C. Committee Of Management Ashok Intermediate College .....Appellant(s) State Of U.P. And 6 Others .....Respondent(s) 4. Another writ petition of the same institution being Writ A No. 62499 of 2009 was also preferred by the subsequent teachers for payment of salary, who were appointed by the Committee of Management after termination of the respondent-petitioners, which was later on dismissed for non- prosecution. 5. Learned counsel for the appellant submits that the learned Single Judge without setting aside the order dated 19.6.2009, which is impugned in the writ petition wherein the State Government had declined to grant salary to the petitioners had straightaway issued a direction to the respondents to pay salary to the petitioners within three months. The learned Single Judge has not even considered the factual matrix of the case and not taken note of the order, which is impugned in the writ petition and the order is liable to be set aside as there is infirmity which is writ large. 6. Sri A.B. Singh, learned counsel for the contesting respondents/petitioners fairly states that he has no objection in case the Court is inclined to relegate the matter to the learned Single Judge. He submits that the endeavor of the petitioners, in the instant proceedings, is that all the matters of the institution may be decided together in order to give quietus to the dispute. He further submits that all the matters be posted together for hearing before the learned Single Judge. 7. Accordingly, the impugned order dated 7.8.2025 is set aside. The matter is relegated to the learned Single Judge to consider it on merits along with the records of Writ A No. 62499 of 2009 (Decided on 10.4.2025) on 13.10.2025. 8. The observation made above would not prejudice the rights of the parties. 9. The Special Appeal is partly allowed. September 26, 2025 Kirti SPLA No. 837 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad