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2026 DAILYLAW 186 (ALL)

DR NEERAJ KISHORE MISHRA v. STATE OF UP AND 4 OTHERS

SPLA/366/2026 · 2026-03-18

Saumitra Dayal Singh, Vivek Saran

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. - 39 of 2026 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE VIVEK SARAN, J. Ref.: Civil Misc. Delay Condonation Application No.02 of 2026 1. Present appeal has been filed with a delay of 23 days. 2. Cause shown is sufficient. Delay in filing the present appeal is condoned. Delay condonation application is allowed. Ref.: Appeal 3. Heard Sri Prabhakar Awasthi, learned Senior Advocate assisted by Sri Rohit Upadhyay, learned counsel for the original petitioner/appellant, Sri Arimardan Singh Rajpoot, learned Additional Chief Standing Counsel for the State-respondents and perused the record. 4. The present intra-court appeal has been filed to set aside the impugned judgment and order dated 18.11.2025 passed by the learned single judge in Dr.Neeraj Kishore Mishra Vs. State of U.P. and 4 others 2025:AHC:205408). 5. Having heard learned counsel for the parties and having perused the record, we find no good ground to interfere with the impugned order as no legal entitlement exists to receive either a first or a second increment, nor does a legal right to an increment arise solely as an irregular monetary increment granted to a third person. 6. The learned single judge has rightly dismissed the petition on the correct Versus Counsel for Appellant(s) : Rohit Upadhyay, Sr. Advocate Counsel for Respondent(s) : C.S.C. Dr Neeraj Kishore Mishra .....Appellant(s) State Of Up And 4 Others .....Respondent(s) principle. Unless a right is vested in accordance with law, no relief may be granted in such matters. 7. Accordingly, the instant appeal lacks merit and is dismissed. No order as to costs. March 19, 2026 Anurag/- SPLAD No. 39 of 2026 2 (Vivek Saran,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad