HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 1102 of 2026 Court No. - 39 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE SWARUPAMA CHATURVEDI, J. Order on Delay Condonation Application 1. There is no delay reported. 2. Delay condonation application is accordingly disposed of. Order on Appeal 3. Having heard Shri Prabhakar Awasthi, learned Senior Counsel assisted by Shri Manish Nath Tripathi, learned counsel for the original petitioner/ appellant and Shri Tej Bhanu Pandey, learned Standing Counsel for the State, we find fundamental error on principle has crept in the proceedings. Consequently, the order dated 11.05.2026 passed in Ram Kawal Yadav Vs. State of U.P. and 4 Others, 2026:AHC:108668 may not be sustained. 4. First, it has been stated that the Institution- Kisan Laghu Madhyamik Vidyalay, Karjahan, Deoria was upgraded as an Intermediate College. Therefore, the principle applicable to Junior High Schools lost its relevance, post up-gradation of that Institution. 5. Second, it has been strenuously urged that the petitioner had exercised Versus Counsel for Appellant(s) : Manish Nath Tripathi Counsel for Respondent(s) : C.S.C. Ram Kawal Yadav .....Appellant(s) State Of U.P. And 4 Others .....Respondent(s) option to retire at the age of 58 years with payment of gratuity. Specific pleadings are contained in the writ petition. It is supported by the document annexed by way of Annexure-1 to the writ petition. Later, the age of retirement was enhanced to 62 years. Consequently, the option to retire with gratuity was also extended upto age 60 years. As a fact, the petitioner retired upon attaining the age of 60 years. 6. To the extent, the above facts have remained to be noticed by the learned single judge while dismissing the writ petition, at fresh stage, without calling for a counter affidavit from the State, clear error on principle may have crept in the proceedings. 7. Accordingly, the order dated 11.05.2026 passed by the learned single judge is set-aside. The writ petition is revived and restored to its original number and status. 8. Learned Standing Counsel prays and is granted four weeks' to file counter affidavit to the writ petition. Petitioner shall have two weeks' thereafter to file rejoinder affidavit. 9. List thereafter before appropriate bench. 10. The intra-court appeal is disposed of. September 23, 2026 Shiv SPLA No. 1102 of 2026 2 (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad