Court No. - 40
Case :- SPECIAL APPEAL No. - 407 of 2011
Appellant :- Bramhanand Upadhyay
Respondent :- State Of U.P. & Others
Counsel for Appellant :- Indrasen Singh Tomar
Counsel for Respondent :- C.S.C.,A.K.Mehrotra,S.K. Tiwari
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Rajeev Misra,J.
Civil Misc. Stay Vacation Application No. 266581 of 2013 Heard learned counsel for the appellant and the learned Additional Chief Standing Counsel Sri Dixit for the respondent-State.
The stay vacation application has been filed praying for vacating the interim order dated 06.04.2011. We find from the perusal of the judgment that the appellant was aggrieved by the order of the DIOS rejecting this claim for compassionate appointment. A learned Single Judge while entertaining the writ petition at the stage of admission had granted an interim order on 01.12.2006 which is extracted hereinunder:-
"Learned Standing counsel has accepted notice on behalf of respondent nos. 1 to 3. Issue notice to respondent no.4.
Each one of the respondents is granted six weeks' time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks.
List thereafter.
Till the next date of listing order dated 14.09.2006 passed by respondent no.2 shall be kept in abeyance."
The writ petition was dismissed on 11.02.2011. The present appeal was filed and was admitted on 06.04.2011 wherein the following interim order was passed thereon:-
"Admit. Issue notice.
Learned Standing Counsel has accepted notice on behalf of respondent no.1, 2 & 3. Sri S.K. Tiwari appears for respondent no.4.
List for hearing in the Second Week of August, 2011.
Till then the interim order dated 1.12.2006, which was operative during the pendency of the writ petition shall continue."
In such a situation, the matter requires consideration, we see no reason to vacate the interim order dated 06.04.2011 at this stage.
The stay vacation application is accordingly rejected.
The appeal shall be listed for hearing on its turn in due course.
Order Date :- 23.2.2018
M. ARIF