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2026 DAILYLAW 8536 (ALL)

STATE OF UP AND 3 OTHERS v. DINESH CHAND PANDEY AND ANOTHER

SPLAD/679/2026 · 2026-09-22

Saumitra Dayal Singh, Swarupama Chaturvedi

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. - 679 of 2026 Court No. - 39 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE SWARUPAMA CHATURVEDI, J. Civil Misc. Exemption Application No.01 of 2026. 1. Exemption application is allowed. Civil Misc. Delay Condonation Application No. 02 of 2026. 2. Present appeal has been filed with a delay of 84 days. 3. Cause shown is sufficient. Delay in filing the present appeal is condoned. Delay condonation application is allowed. Order on appeal 4. Having heard Shri Tej Bhanu Pandey, learned Standing Counsel for the State and Shri Shivendra Rajwar, learned counsel holding brief of Shri Gautam Baghel, learned counsel for the original petitioner/ respondent and having perused the record, we find absolutely no error in the order of the learned single judge dated 25.05.2026 in Dinesh Chand Pandey Vs. State of U.P. and others, 2026:AHC:120150. 5. To the extent, there is no doubt raised by the learned Standing Counsel, even today, as to the entitlement of the petitioner to be granted appointment on the post of Library/ Lab Bearer and further to the extent there is no dispute to the fact that the petitioner was wrongly deprived of his appointment despite specific orders passed in his favour, and further Versus Counsel for Appellant(s) : C.S.C., S.C. Counsel for Respondent(s) : Gautam Baghel State Of Up And 3 Others .....Appellant(s) Dinesh Chand Pandey And Another .....Respondent(s) keeping in mind the observations made by the learned single judge in paragraph-10 of the impugned order, we find absolutely no ground to interfere in the order of the learned single judge. For ready reference paragraph-10 of the impugned order reads as below :- "10. Having regard to the facts and circumstances of the case, and with the consent of learned counsel for the parties, taking into account the the interim order dated 12.05.2009 passed by this Court, and considering the stand taken by the respondents that vacant posts of Library/Lab Bearer are presently available against which the petitioner can be accommodated, this Court finds that the petitioner was illegally prevented from joining despite his valid appointment and despite interim protection granted by this Court. A case is made out in favour of the petitioner." 6. To the extent, learned single judge has withheld payment of back wages, there is further no ground to offer any interference in the order of learned single judge. 7. The special appeal lacks merits and is accordingly dismissed. It is expected that the order of learned single judge shall be given effect to within a period of next 15 days. September 23, 2026 Shiv SPLAD No. 679 of 2026 2 (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad