Court No. - 1
Case :- SPECIAL APPEAL DEFECTIVE No. - 949 of 2009
Petitioner :- C/M Shanker Vidyalaya Inter College,Pratapgarh Thru Manager
Respondent :- District Inspector Of Schools,Pratapgarh & Ors.(S/S 335/2009
Petitioner Counsel :- Manish Jauhari
Respondent Counsel :- C.S.C.,Illigible
Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
This special appeal has been filed with a delay of more than ten months against an interim order passed by
the learned Single Judge on 20.1.09.
This special appeal has been filed by the Committee of Management, though it was not impleaded as party in
the writ petition, apparently because the appointing authority is the Principal and not the Committee of
Management.
By means of the impugned interim order, the learned Single Judge has directed that in case the respondent
was appointed with prior permission of the D.I.O.S., then he should be paid salary. He further directed the
opposite parties to the writ petition, to ensure payment of salary to the respondent, which shall be subject to
further orders of the Court.
The Committee of Management has already moved an application for impleadment in the pending writ
petition.
The special appeal against an interim order, after a lapse of ten months, cannot be entertained, particularly
when the Principal, who was the appointing authority, was already arrayed in the writ petition and he has not
challenged the order till date in special appeal, knowing fully well that such an interim order has been passed
and, therefore, there cannot be any ground for condoning the delay in filing the special appeal.
Besides, it is always open to the appellant, who has already moved an application for impleadment in the
pending writ petition, to move an application for vacation of stay order before the learned Single Judge.
Under the circumstances, the special appeal is dismissed.
The dismissal of the special appeal would not come in the way of the parties, who claim vacation of stay
order by moving an application.
Order Date :- 5.1.2010
Sachin