Allahabad High Court
RAM KAWAL YADAVversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The order dated 11 May 2026 is set aside and the writ petition is revived.
Summary
The Allahabad High Court heard an intra‑court appeal by Ram Kawal Yadav challenging an order dated 11 May 2026 that dismissed his writ petition. The court found a fundamental error on principle because the institution involved had been upgraded from a Junior High School to an Intermediate College, rendering the earlier principle inapplicable, and because the appellant’s retirement age and gratuity options had been altered but were not considered by the single judge. Consequently, the court set aside the impugned order and revived the writ petition, restoring it to its original number and status. The court directed the State to file a counter‑affidavit within four weeks and the petitioner to file a rejoinder within two weeks thereafter. The intra‑court appeal was thereafter disposed of.
Issues considered
- Whether the principle applicable to Junior High Schools remains relevant after the institution was upgraded to an Intermediate College
- Whether the appellant's retirement age and entitlement to gratuity, as altered by subsequent notifications, were correctly considered by the lower court
Subjects
- retirement age
- gratuity
- school upgrade
- fundamental error on principle
- writ petition
- intra-court appeal
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
SPECIAL APPEAL No. - 1102 of 2026
Ram Kawal Yadav
.....Appellant(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Appellant(s) : Manish Nath Tripathi
Counsel for Respondent(s) : C.S.C.
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
SPLA No. 1102 of 2026
2
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.
(Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
September 23, 2026
Shiv
Digitally signed by :-
SHIV KUMAR SHARMA
High Court of Judicature at Allahabad
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