Hon'ble Jaspreet Singh,J.
1. Heard Sri G.C. Verma, learned counsel for the appellant and Sri J.C. Srivastava, learned counsel for the respondent no.5/writ petitioner.
2. This special appeal has been filed by the appellant beyond 53 days.
3. On due consideration, as reasons assigned in the affidavit filed in support of application for condonation of delay in filing this appeal (C.M. Application No. 85768 of 2019) are satisfactory, C.M. Application No. 85768 of 2019 is allowed. Delay in filing this special appeal is condoned.
4. This special appeal has been filed by the complainant against the interim order dated 2.5.2019 passed in writ petition no. 12411 of 2019 (S/S) : Smt. Kiran Pandey vs. District Magistrate, Pratapgarh/Project Programme Officer & others, by which learned Writ Court while considering the fact that before removal of writ petitioner/respondent no.5 herein from the post of Gram Rojgar Sewak in Gram Aspur Deosara, District Pratapgarh, no enquiry was held nor the educational documents, which were submitted by her, were verified from Madhyamik Siksha Parisad, U.P., stayed the orders removing the writ petitioner from the post of Gram Rojgar Sewak in Gram Aspur Deosara, District Pratapgarh and observed that the writ petitioner shall also be entitled for honorarium for the said post.
5. A preliminary objection has been raised by the learned counsel for the respondent no.5 that after passing of the impugned interim order, counter affidavit along with application for vacation of the interim order dated 2.5.2019 has been filed by the appellant and the same is still pending before the learned Writ Court but instead of pressing the application for vacation of the interim order dated 2.5.2019, the appellant has filed the present appeal. However, he submits that the learned Writ Court be directed to expedite the matter.
6. Per contra, learned counsel for the appellant has submitted that by the impugned order, the learned Writ Court has given the final relief to the writ petitioner. He submits that the documents/certificates issued by the Madhyamik Shiksha Parishad, which were filed by the respondent no.5/writ petitioner, were duly examined by the Block Development Authority and, thereafter, enquiry was conducted, wherein it was found that the said documents are forged. As the present appellant is at serial no.2 of the select list, therefore, he is entitled to get appointment on the said post and is the person aggrieved. Thus, the present appeal is maintainable.
7. Considering the aforesaid so also the fact that the application for vacation of the interim order dated 2.5.2019 is pending before the learned Writ Court, without commenting on the merits of the case, we request the learned Writ Court to consider the application for vacation of the interim order dated 2.5.2019 and decide the same expeditiously.
8. It is made clear that while deciding the application for vacation of the interim order dated 2.5.2019, the learned Writ Court shall not be influenced by any observation made hereinabove.
9. With the aforesaid, this special appeal is dismissed.