Allahabad High Court
State Of U.P. And 3 Others vs Vijay Narayan Pandey And Another on 27 August, 2020
Bench: Shashi Kant Gupta, Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- SPECIAL APPEAL DEFECTIVE No. - 479 of 2020 Appellant :- State Of U.P. And 3 Others Respondent :- Vijay Narayan Pandey And Another Counsel for Appellant :- Rajiv Singh Counsel for Respondent :- J.P. Singh Hon'ble Shashi Kant Gupta,J.
Hon'ble Shamim Ahmed,J.
Order on Delay Condonation Application This is an application supported by the affidavit seeking condonation of delay in filing the present appeal.
The cause shown is sufficient. The delay in filing the special appeal is hereby condoned.
The delay condonation application is allowed.
Office is directed to allot regular number to the appeal.
Order on Memo of Appeal This special appeal has been has been filed against the judgment and order dated 12.12.2019 passed by the learned Single Judge in Writ-A No.20081 of 2019 whereby the impugned orders dated 2.9.2019 and 12.9.2019 passed by the authorities concerned have been stayed by the learned Single Judge further directing the authorities concerned to pay current salary to the petitioners.
At the very outset, learned counsel for the State-appellant has submitted that already a counter affidavit along with the stay vacation application has been filed before the learned Single Judge and in reply thereto, rejoinder affidavit has also been filed by the petitioner and the matter is still pending before the Single Judge. Learned counsel for the appellant has further stated that while passing the impugned order, the learned Single Judge has in fact given final relief to the petitioner.
Since the present special appeal has been filed merely against the interim order and the final order is yet to be passed by the learned Single Judge, we do not find any merit in the argument so advanced by the learned counsel for the appellant. At this stage, it is worthwhile to quote here the observations made by a Division Bench of this Court in its order dated 31.8.2018 passed in Special Appeal No.816 of 2018 (Kamlesh Kumar Rai versus Arun Kumar Rai and 3 others) which runs as follows:
"The submission of the learned counsel appearing on behalf of the appellant is that the learned Single Bench while granting the interim order has not given any reason and, therefore, in the light of division bench judgment of this Court in the case of Committee of Management vs. District Inspector of Schools, Deoria and others reported in 2007 (3) ADJ 119 is bad.
We do not find any merit in the argument advanced. At the threshold it would be appropriate to state that the order dated 20th August 2018 is an ad-interim order and not the final interim direction as the application seeking interim relief is still pending consideration before the learned Single Bench. The principles applicable for grant of interim relief are not applicable in their strict sense while granting ad-interim relief. It would also be appropriate to state that as per Allahabad High Court Rules a separate stay application is required to be filed with the petition for writ and that is to be considered and decided on its own merits. As stated already application aforesaid is still pending for consideration before the learned Single Bench and that shall positively be considered by learned Single Bench after receiving counter affidavit to the petition for writ.
In view of it, no interference with the order impugned is warranted."
In view of the above, we do not find any justification to interfere in the matter.
The special appeal is accordingly dismissed.
However, it is expected that the learned Single Judge shall dispose of the matter in accordance with law as early as possible.
Order Date :- 27.8.2020 SP