Allahabad High Court
SMT. UMA BISHNOIversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The intra‑court appeal lacks merit and is dismissed.
Summary
Smt. Uma Bishnoi filed a writ petition seeking regularization in service under Section 33-G(d) of the U.P. Secondary Education Services Selection Boards Act, 1982. The single judge dismissed the petition, noting the petitioner had not shown evidence of regular work and granted a liberty to approach the respondent with sufficient documents. An intra‑court appeal was filed against that order. The Division Bench held that the petitioner still could not establish his actual working as required by the statute and that the single judge had not erred. Consequently, the court found no merit in the appeal and dismissed it, refusing any further equitable relief.
Issues considered
- Whether the petitioner is entitled to regularization in service under Section 33-G(d) of the U.P. Secondary Education Services Selection Boards Act, 1982.
- Whether the single judge erred in refusing regularization and granting only a liberty to approach the respondent.
- Whether equitable relief can be granted in the absence of proof of actual service.
Legislation cited
- U.P. Secondary Education Services Selection Boards Act, 1982 — s. 33-G(d)
Subjects
- regularization
- service
- writ petition
- intra-court appeal
- equitable relief
- Section 33-G(d)
- U.P. Secondary Education Services Selection Boards Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
SPECIAL APPEAL No. - 1064 of 2026
Smt. Uma Bishnoi
.....Appellant(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Appellant(s) : Abhishek Bhushan
Counsel for Respondent(s) : C.S.C.
Court No. - 39
HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard Shri Anil Bhushan, Senior Advocate, assisted by Shri Abhishek Bhushan,
learned counsel for the original petitioner/appellant and Shri Ankit Gaur, learned
Standing Counsel for the State.
2. Present intra-Court appeal has arisen against the order of the learned single judge
dated 26.05.2026 in Smt. Uma Bishnoi vs The State of U.P. & Ors.,
2026:AHC:120627. By that order, the learned single judge has disposed of the writ
petition with the following direction:
"13. On basis of above discussion, the Court does not find any illegality in impugned
order. However, still a liberty is granted to petitioner that in case he has sufficient
documents or evidence that he has worked regularly on basis of order of status quo passed
by a Division Bench in earlier round of litigation till impugned order dated 12.02.2008
was passed, he can still approach the concerned respondent, who, if necessary, will pass a
fresh order."
3. Having heard learned counsel for the parties and having perused the record, to the
extent the petitioner may not have been able to establish, at present, his actual working
in terms of Section 33-G(d) of the U.P. Secondary Education Services Selection
Boards Act, 1982, the learned single judge may not have erred in refusing to grant
regularization in service. Further to the extent learned single judge has still left it open
to the petitioner to raise this issue in accordance with law, we find no further room
exists to grant any indulgence of settled principles governing grant of equitable relief.
4. Accordingly, the present intra-Court appeal lacks merit and is dismissed.
September 16, 2026
Prakhar
(Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
Digitally signed by :-
PRAKHAR SRIVASTAVA
High Court of Judicature at Allahabad
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