Created by Fuzzy Cloud

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.