HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 559 of 2026 And SPECIAL APPEAL No. - 560 of 2026 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri S.P. Singh, learned counsel for the original petitioner/appellant; Sri Gulrez Khan, learned counsel for the private respondent no.6 and Sri Krishna Kumar Chand, learned counsel for respondent no.2/Board. 2. Present intra-Court appeals have arisen against common order of the learned single judge dated 08.04.2026 passed in Virendra Singh Vaire Vs. State of U.P. & Ors.; 2026:AHC:76289. By that order, the learned single judge has dismissed Writ - A No. 22502 of 2006 and disposed of Writ - A No. 1339 of 2010, both filed by the present appellant. Versus Counsel for Appellant(s) : Bajrang Bahadur Singh, Satya Prakash Singh Counsel for Respondent(s) : C.S.C., Gulrez Khan, Krishna Kumar Chand Versus Counsel for Appellant(s) : Bajrang Bahadur Singh, Satya Prakash Singh Counsel for Respondent(s) : C.S.C. Birendra Singh Vaire .....Appellant(s) State Of U.P. And 5 Others .....Respondent(s) Birendra Singh Vaire .....Appellant(s) State Of U.P. And 2 Others .....Respondent(s) Order on Special Appeal No. 559 of 2026 3. Earlier, the original petitioner had filed Writ - A No. 6890 of 2006 to challenge the order dated 08.12.2005, appointing private respondent no.6 as Lecturer (English) at Maghanand Inter College, Sarai Ghasi, Bulandshahr. However, that writ petition was dismissed as withdrawn by the petitioner, vide order dated 06.02.2006. 4. Thereafter, the original petitioner filed Writ - A No. 22502 of 2006. In that writ petition, after making disclosure of the fact that the earlier Writ - A No. 6890 of 2006 had been dismissed as withdrawn, the petitioner again set up challenge to the order dated 08.12.2005. Also, consequential relief was sought. 5. At the same time, the original petitioner filed yet another Writ - A No. 1339 of 2010 for payment of arrears of salary etc. 6. Having heard learned counsel for the parties and having perused the record, we find no error on principle in the order of the learned single judge. The cause of action having arisen to the petitioner in the year 2005 upon issuance of appointment letter to the petitioner on the post of Lecturer (English) at Maghanand Inter College, Sarai Ghasi, Bulandshahr and that writ petition having been dismissed as withdrawn, at the instance of the original petitioner/appellant, fresh cause of action did not survive/arise as may have allowed the original petitioner to file the second writ petition being Writ - A No. 22502 of 2006. 7. Also, we take note of the fact that the petitioner had been appointed on the post of Lecturer (English) at the above described institution by way of a stop-gap arrangement, till the joining of a regularly selected candidate. SPLA No. 559 of 2026 2 There is no doubt that the respondent no.6 is a regularly selected candidate. The challenge as to the placement at the institution in question - for reason of reservation not available was an issue to be contested in the first writ petition filed by the original petitioner being Writ - A No. 6890 of 2006. Upon dismissal of that writ petition, no fresh cause of action ever arose, to raise that challenge. 8. Whether the issue of reservation is to be governed by the full bench decision of this Court in Heera Lal Vs. State of U.P. & Ors.; 2010:AHC:170881-FB, is an academic issue in the facts noted above. Once cause of action did not survive on withdrawal of the first writ petition filed by the original petitioner - without leave to file second petition, no interference may ever be offered on the second writ petition. 9. The present intra-Court appeal lacks merit and is accordingly dismissed. Order on Special Appeal No. 560 of 2026 10. Insofar as the present appeal is concerned, an error on principle appears to have crept in the order of the learned single judge to the extent, that writ petition has been dismissed in entirety. It being undisputed to the respondents that the original petitioner had been appointed by way of stop-gap arrangement and that he had worked at the institution, the issue of payment of salary would be linked to the months and days for which he may have actually worked. Prima facie, evidence exists in the shape of certificate issued by the Principal, Maghanand Inter College, Sarai Ghasi, Bulandshah. 11. The said certificate is also counter signed by the Finance Officer SPLA No. 559 of 2026 3 attached to the DIOS, Bulandshahr and counter signed thereafter by the DIOS, Bulandshahr. 12. To that extent, the order of the learned merits interference. Thus, the part of the order dated 08.04.2026 passed by the learned single judge is set aside. The present intra-Court appeal is disposed of with the direction upon respondent DIOS, Bulandshahr to compute the original petitioner's salary for the period August, 1995 to June, 1997 and August, 1997 to November, 2004. The arrears of salary payable to the original petitioner may be paid out to him within a period of two months from today, after verifying from the original record. If such amount is not paid within the time granted, the same shall attract interest liability @ 6% from the date of amount becoming payable till the date of actual payment. 13. With the aforesaid observation, present intra-Court appeal stands disposed of. May 7, 2026 Abhilash SPLA No. 559 of 2026 4 (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad