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Allahabad High Court

STATE OF UP AND 3 OTHERSversusDINESH CHAND PANDEY AND ANOTHER

Decided

Holding

The special appeal lacks merit and is dismissed, leaving the single judge’s order undisturbed.

Summary

The State of Uttar Pradesh and three others appealed against the order of a single judge dated 25 May 2026 granting Dinesh Chand Pandey appointment as Library/Lab Bearer and directing the respondents to honor his appointment. The appellant sought to set aside the judgment, arguing procedural and substantive errors, including the withholding of back wages. The High Court first allowed an exemption application and, after condoning an 84‑day delay in filing the appeal, examined the merits. The Court found no error in the single judge’s findings that the petitioner was illegally denied his appointment despite a valid order and interim protection. It also upheld the single judge’s decision to withhold back wages. Consequently, the special appeal was dismissed and the single judge’s order was to be implemented within 15 days.

Issues considered

  • Whether the petitioner was entitled to the appointment as Library/Lab Bearer as per the earlier order
  • Whether the single judge erred in withholding payment of back wages
  • Whether the delay in filing the special appeal should be condoned

Subjects

  • appointment
  • library bearer
  • lab bearer
  • back wages
  • delay condonation
  • special appeal
  • administrative law

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD
                 SPECIAL APPEAL DEFECTIVE No. - 679 of 2026

State Of Up And 3 Others
                                                              .....Appellant(s)
                                   Versus
Dinesh Chand Pandey And Another
                                                            .....Respondent(s)

Counsel for Appellant(s)                         :    C.S.C., S.C.
Counsel for Respondent(s)                        :    Gautam Baghel

Court No. - 39
                   HON'BLE SAUMITRA DAYAL SINGH, J.
                   HON'BLE SWARUPAMA CHATURVEDI, J.

Civil Misc. Exemption Application No.01 of 2026.

1. Exemption application is allowed.

Civil Misc. Delay Condonation Application No. 02 of 2026.

2. Present appeal has been filed with a delay of 84 days.

3. Cause shown is sufficient. Delay in filing the present appeal is
condoned. Delay condonation application is allowed.

Order on appeal

4. Having heard Shri Tej Bhanu Pandey, learned Standing Counsel for the
State and Shri Shivendra Rajwar, learned counsel holding brief of Shri
Gautam Baghel, learned counsel for the original petitioner/ respondent
and having perused the record, we find absolutely no error in the order of
the learned single judge dated 25.05.2026 in Dinesh Chand Pandey Vs.
State of U.P. and others, 2026:AHC:120150.

5. To the extent, there is no doubt raised by the learned Standing Counsel,
even today, as to the entitlement of the petitioner to be granted
appointment on the post of Library/ Lab Bearer and further to the extent
there is no dispute to the fact that the petitioner was wrongly deprived of
his appointment despite specific orders passed in his favour, and further
                                                                                                      SPLAD No. 679 of 2026
                                                                         2


                                    keeping in mind the observations made by the learned single judge in
                                    paragraph-10 of the impugned order, we find absolutely no ground to
                                    interfere in the order of the learned single judge. For ready reference
                                    paragraph-10 of the impugned order reads as below :-

                                           "10. Having regard to the facts and circumstances of the case, and with

                                           the consent of learned counsel for the parties, taking into account the the

                                           interim order dated 12.05.2009 passed by this Court, and considering the

                                           stand taken by the respondents that vacant posts of Library/Lab Bearer

                                           are   presently   available   against   which    the   petitioner   can   be

                                           accommodated, this Court finds that the petitioner was illegally prevented

                                           from joining despite his valid appointment and despite interim protection

                                           granted by this Court. A case is made out in favour of the petitioner."


                                    6. To the extent, learned single judge has withheld payment of back
                                    wages, there is further no ground to offer any interference in the order of
                                    learned single judge.

                                    7. The special appeal lacks merits and is accordingly dismissed. It is
                                    expected that the order of learned single judge shall be given effect to
                                    within a period of next 15 days.


                                    September 23, 2026
                                    Shiv

                                                                (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)




Digitally signed by :-
SHIV KUMAR SHARMA
High Court of Judicature at Allahabad


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