M. Katju and R. S. Tripathi, JJ.—This special appeal has been filed against the impugned judgment of the learned single Judge dated 10.3.2004.

2. Heard Shri Ramendra Asthana learned counsel for the appellant and the learned standing counsel for the respondents.

3. Shri Ramendra Asthana, learned counsel has informed that the respondent No. 4 has been served through registered post.

4. There is an office report that the special appeal is not maintainable in view of the decisions of this Court in Vajara Yojna Seed Farm Kalyanpur (M/s.) and others v. Presiding Officer, labour court-II, U. P. Kanpur and another, 2003 UPLBEC 496 and Sita Ram Lal v. District Inspector of Schools, Azamgarh and others, 1994 ACJ 180. These decisions have referred to Chapter VIII, Rule 5 of the Allahabad High Court Rules which states that an appeal lies against the judgment of a learned single Judge under Article 226 of the Constitution except when the writ petition was filed against such judgment or order or award (a) of a Tribunal, Court or statutory arbitrator, (b) of the Government or any Officer or authority, made or purported to be made in the exercise or purported exercise of appellate or re