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HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. - 355 of 2026 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE SWARUPAMA CHATURVEDI, J. Re: Civil Misc. Delay Condonation Application No. 01 of 2026
1. Present appeal has been filed with a delay of 149 days.
2. In absence of any objection raised, delay in filing the present appeal is condoned. Delay condonation application is allowed.
Order on Appeal
3. Having heard Sri Prem Prakash, learned counsel for the original petitioner and Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the State-respondents, we find, no error in the order of the learned single judge dated 31.10.2025 passed in Imam Mansoori Vs. State of U.P. & 5 Ors.; 2025:AHC:191519.
4. Undeniably, the petitioner is a teacher in subject Social Science whereas the private respondent is a teacher in subject Physics. He also teaches Mathematics and Science. To the extent promotion on the post of Lecturer is described to be underway at the institution where both original petitioner/appellant and the private respondent no.6 are working, no cause of action has crystalised to the petitioner to raise the present challenge so Versus Counsel for Appellant(s) : Harish Chandra Yadav, Prem Prakash Counsel for Respondent(s) : C.S.C. Imami Mansoori .....Appellant(s) State Of Up And 5 Others .....Respondent(s)
as to oust the claim of the private respondent no.6.
5. Grievance of the petitioner is that the post is available for promotion in the subject Social Science. However, it also appears to be his case that overlooking that claim promotion is being granted to the private respondent no.6 in the subject Physics. Further, grievance has been raised that the private respondent no.6 is not eligible for promotion. However, looking into his representation dated 04.04.2025, no concrete ground has been raised by the original petitioner as may warrant any serious
consideration by the writ Court.
6. Learned Additional Chief Standing Counsel also points out that the dispute whatever it may be worth, his representation is pending
consideration before the DIOS, Jhansi.
7. On the aforesaid consideration, we find, the present appeal is devoid of merit. It is accordingly dismissed. However, in his status as a teacher, no cost has been imposed. May 6, 2026 Abhilash SPLAD No. 355 of 2026 2 (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad