Hon'ble Jaspreet Singh,J.
Present appeal is barred by limitation from twenty three days.
Heard Sri Sudhakar Pandey, learned counsel for the appellant, Sri Abhishek Singh, learned counsel for the respondent nos. 1 and 2 and Sri S.S. Chauhan, learned Additional Chief Standing Counsel for the State respondents on an application filed for condonation of delay in filing of present appeal as well as on the question of admission.
For the reasons assigned in the application for condonation of delay, the cause shown in the application is sufficient and, as such, delay in filing the present appeal is condoned and delay condonation application is allowed.
In the present case it is admitted position that the appellant, whose application for impleadment is pending before the learned Writ Court, has filed present special appeal against an interim order dated 24.05.2019 passed by this Court in Writ Petition No. 14867 (S/S) of 2019 by which learned Writ Court directed the respondent herein to make payment of salary to the petitioners-respondent nos. 1 and 2.
It is submitted by learned counsel for the appellant that Lucknow Bench has no territorial jurisdiction to entertain the writ petition in question as the matter in question pertains to the district Ballia. To support the said submission he has drawn our attention to a Division Bench judgement of this Court passed in the case of Mahendra Pratap Bhatt Vs. Saroj Mahana, Special Appeal No. 153 of 2016, and prays for quashing of order impugned.
We have proceeded to examine the order dated 24.05.2019 and in our considered opinion the order dated 24.05.2019 passed by the learned Writ Court cannot be termed to be a judgment against which special appeal could be held to be maintainable under Chapter VIII Rule V of the High Court Rules, 1956, as it does not decide any aspect of the matter rather it appears that said order has been passed with the sole object to facilitate and preserve the status and ensure that no harm is done which may be difficult to be undone. In the present case, it is also admitted position that appellant has moved impleadment application in the pending writ petition, which is pending for consideration before the learned Writ Court.
On due consideration of the aforesaid, we grant liberty to the appellant to press his application for impleadment before the learned Writ Court by filing an application for urgent hearing of the case and, in case, such an application is filed then in that event the said application be listed for orders within a period of two weeks from the date of filing so that the application be heard and decided by the learned Writ Court. Thereafter, the appellant is at liberty to file an application for modification/vacating the stay, which will be decided by the learned Writ Court in due course, in accordance with law.
With the aforesaid, special appeal is disposed of.
[ Jaspreet Singh, J. ] [ Pankaj Kumar Jaiswal, J. ] Order Date :- 26.7.2019 Shekhar