Allahabad High Court
COMMITTEE OF MANAGEMENT, RAMNATH INTER COLLEGE AND ANOTHERversusBARMESHWAR NATH UPADHYAY AND 5 OTHERS
- Decided
Holding
The High Court dismissed the intra‑court appeals, holding that there is no basis to maintain an appeal against the interlocutory orders under Chapter VIII Rule 5.
Summary
The Committee of Management of two colleges filed special appeals (defective) challenging interlocutory orders that protected the interim employment of regularised employees for over ten years. The appellants sought exemption from filing fees and condonation of a 22‑day delay in filing the appeals. The High Court, after hearing counsel for both sides, held that the interlocutory orders could not be appealed under Chapter VIII Rule 5 of the Rules. It found no basis to allow the Committee to maintain the appeals and directed the parties to file counter‑affidavits and any stay applications within prescribed time limits. Consequently, the court dismissed the intra‑court appeals and ordered their disposal. The order also granted the exemption application and condoned the delay in filing the appeal.
Issues considered
- Whether an appeal can be maintained against interlocutory orders protecting interim employment under Chapter VIII Rule 5 of the Rules
- Whether the 22‑day delay in filing the appeal should be condoned
- Whether the appellants are entitled to exemption from filing fees
Subjects
- interlocutory order
- appeal against interim order
- delay condonation
- exemption application
- Chapter VIII Rule 5
- intra‑court appeal
- regularised employee
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
SPECIAL APPEAL DEFECTIVE No. - 677 of 2026
Committee Of Management, Ramnath Inter
College And Another .....Appellant(s)
Versus
Barmeshwar Nath Upadhyay And 5 Others
.....Respondent(s)
Counsel for Appellant(s) : Amrish Tiwari, Kushmondeya Shahi
Counsel for Respondent(s) : Brajesh Kumar Chaturvedi, C.S.C.
And
SPECIAL APPEAL DEFECTIVE No. - 678 of 2026
Committee Of Management, Ramnath Pathak Inter
College .....Appellant(s)
Versus
Yogendra Kumar Pathak And 5 Others
.....Respondent(s)
Counsel for Appellant(s) : Amrish Tiwari, Kushmondeya Shahi
Counsel for Respondent(s) : C.S.C., Saurabh Tripathi
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
SPLAD No. 677 of 2026
2
(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
(Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
Digitally signed by :-
ABHILASH SINGH
High Court of Judicature at Allahabad
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