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2026 DAILYLAW 9073 (ALL)

COMMITTEE OF MANAGEMENT, RAMNATH INTER COLLEGE AND ANOTHER v. BARMESHWAR NATH UPADHYAY AND 5 OTHERS

SPLAD/677/2026 · 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. - 677 of 2026 And SPECIAL APPEAL DEFECTIVE No. - 678 of 2026 Court No. - 39 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE SWARUPAMA CHATURVEDI, J. Re: Civil Misc. Exemption Application No. 01 of 2026 1. Exemption application is allowed. Re: Civil Misc. Delay Condonation Application No. 02 of 2026 2. Present appeal has been filed with a delay of 22 days. 3. In absence of any objection, delay in filing the present appeal is condoned. Delay condonation application is allowed. Order on Appeal 4. Having heard Sri Kushmondeya Shahi, learned counsel for the Committee of Management; Sri Rahul Agarwal, leaned Senior Advocate assisted by Sri A.K. Upadhyay, learned counsel for the private respondent Versus Counsel for Appellant(s) : Amrish Tiwari, Kushmondeya Shahi Counsel for Respondent(s) : Brajesh Kumar Chaturvedi, C.S.C. Versus Counsel for Appellant(s) : Amrish Tiwari, Kushmondeya Shahi Counsel for Respondent(s) : C.S.C., Saurabh Tripathi Committee Of Management, Ramnath Inter College And Another .....Appellant(s) Barmeshwar Nath Upadhyay And 5 Others .....Respondent(s) Committee Of Management, Ramnath Pathak Inter College .....Appellant(s) Yogendra Kumar Pathak And 5 Others .....Respondent(s) (in Special Appeal Defective No. 677 of 2026); Sri Prabhakar Awasthi, learned Senior Advocate assisted by Sri Saurabh Tripathi, learned counsel for the private respondent (in Special Appeal Defective No. 678 of 2026) and Sri Ankit Gaur, learned Standing Counsel for the State-respondents, we find no basis to maintain the present appeal filed against the interim orders dated 17.07.2026 and 15.07.2026 passed in Writ - A No. 10239 of 2026 and Writ - A No. 10092 of 2026, respectively. 5. The order impugned in the present intra-Court appeals are interlocutory orders passed in the case of a regularised employee, protecting their interim working, which working is shown to have continued over a long duration of at least ten years from the date of their regularisation in service. 6. We find no occasion to allow the Committee of Management to maintain those appeals in terms of Chapter VIII Rule 5 of the Rules. All pleas being raised may remain to be tested before the learned single judge. To the extent no counter affidavit or stay vacation application may have been filed, till date, subject to the present appellants filing counter affidavit alongwith stay application within a period of two weeks from today, the original petitioners may file rejoinder affidavit within a period of two weeks. Thereafter, the present appellants may pray for early disposal of the stay vacation application. That prayer if made may be considered on its own merit. 8. With the aforesaid observation, the present intra-Court appeals are disposed of. September 23, 2026 Abhilash SPLAD No. 677 of 2026 2 (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad