HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 602 of 2026 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard learned counsel for the original petitioner-appellant and Sri Ankit Gaur learned Standing Counsel for the State respondents. 2. Present appeal has been preferred against the order of the learned single judge dated 10.04.2026 in Priyanka Goyal Vs. State of U.P. And 5 Others, 2026:AHC:79101. By that order, learned single judge has dismissed the writ petition filed by the original petitioner-appellant at the fresh stage without calling for Counter Affidavit. 3. Submission is, cause of action was continuing. It is the reasoning of the learned single judge that the writ petition was filed after 16 years from appointment, yet, the continuing cause of action and the entitlement claimed by the petitioner to be paid current salary, may not have been ignored. 4. Learned Standing Counsel states that at present necessary facts have not been established as may entitle the petitioner to payment of current salary, as well. At the same time, on query made, it could not be disputed that the writ petition has been dismissed at the fresh stage itself, without calling for Counter Affidavit. 5. Seen in that light, a clear error on principle has been caused in the order of the learned single judge in dismissing the writ petition in entirety, at the ex parte/fresh stage itself, without calling for Counter Affidavit. Versus Counsel for Appellant(s) : Anil Kumar Counsel for Respondent(s) : C.S.C. Priyanka Goyal .....Appellant(s) State Of Up And 5 Others .....Respondent(s) 6. Only after Counter Affidavit may have been invited, the issue of validity of selection and approval etc. may have been considered. As to the reasoning that there are delay and laches, in face of plea of continuing cause of action, that objection (raised by the State) if sustained, may only lead to modification of the relief claimed. 7. The claim raised may not have been rejected or decided in entirety without calling for Counter Affidavit. Accordingly, the Special Appeal is allowed. The order of the learned single judge is set aside. Writ petition is restored to its original number and status. 8. Notice (in the writ petition) be issued to respondent No. 6. Steps be taken within a week. All respondents may file Counter Affidavit within six weeks. Petitioner shall have two weeks thereafter to file Rejoinder Affidavit. List thereafter. 9. Let a copy of this order be placed on the ordersheet of the writ petition. May 14, 2026 Faraz SPLA No. 602 of 2026 2 (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- FARAZ AHMAD High Court of Judicature at Allahabad