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2026 DAILYLAW 3087 (ALL)

KAMAL KUMAR SINGH v. SAMITA OFFICIATING PRINCIPAL ARYA KANYA INTER COLLEGE AND 3 OTHERS

SPLA/614/2026 · 2026-05-05

Saumitra Dayal Singh, Swarupama Chaturvedi

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. - 358 of 2026 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri Indra Raj Singh, learned Senior Advocate assisted by Sri Yadvendra Rai Pandey, learned counsel for the original petitioner; Sri Saurabh Tripathi, learned counsel for respondent no.1 and learned Standing Counsel for the State-respondents. Re: Civil Misc. Delay Condonation Application No. 01 of 2026 2. Present appeal has been filed with a delay of 56 days. 3. Cause shown is sufficient. Delay in filing the present appeal is condoned. Delay condonation application is allowed. Order on Appeal 4. Present intra-Court appeal has arisen against the order of the learned single judge dated 27.01.2026 passed in Samita Vs. State of U.P. & 2 Ors. and 11 connected writ petitions; 2026:AHC:17253. 5. Arising from the same common order, we have earlier allowed that special appeal being Special Appeal No. 209 of 2026 (Veeresh Chandra Mishra & 2 Ors. Vs. State of U.P. & 5 Ors.); 2026:AHC:62949-DB on Versus Counsel for Appellant(s) : Adarsh Singh, Sr. Advocate, Yadvendra Rai Pandey Counsel for Respondent(s) : C.S.C., Saurabh Tripathi Kamal Kumar Singh .....Appellant(s) Samita Officiating Principal Arya Kanya Inter College And 3 Others .....Respondent(s) the following terms : "47. To the extent the learned single judge has interpreted the provisions of Commission Act, which defeats the rights of the petitioners, it may remain at variance to the one we have offered. Hence the order of the learned single judge is set aside, on principle. 48. As to the relief to be delivered - (i) It is first declared that the original petitioners/appellants shall be entitled to continue as Officiating Principal of their respective Intermediate Colleges, till any regularly appointed candidate is made available, to such institutions. (ii) For the duration of their continuance as Officiating Principal, the original petitioners/appellants shall be entitled to payment of higher salary of Principal, without any other or further relief. (iii) For the purpose of computation of period for which the higher payment of salary has to be made, the original petitioners/appellants would be entitled to receive such higher salary from the expiry of three months from the date of their signature being attested, as ad-hoc Principal. That amount may be computed and paid out to the original petitioners/appellants, within a period of three months from today. 6. Facts and issues being similar, the present appeal deserves to be allowed. Accordingly, the present appeal is also allowed on the same terms. May 6, 2026 Abhilash SPLAD No. 358 of 2026 2 (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad