9911796707
TMI Blog2004 (10) TMI 628X X X X Extracts X X X X X X X X Extracts X X X X ..... deprecated the practice of granting interim orders which practically give the principal relief sought in the petition for no better reason than that of a prima facie case has been made out, without being concerned about the balance of convenience, the public interest and a host of other considerations. No basis has been indicated as to why learned Single Judge thought the course as directed was necessary to be adopted. Even it was not indicated that a prima facie case was made out though as noted above that itself is not sufficient. We, therefore, set aside the order passed by learned Single Judge as affirmed by the Division Bench without expressing any opinion on the merits of the case we have interfered primarily on the ground that the fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tate Government clarifying that under the 1974 Rules benefit could not be given to the dependents of the part-time employees. On 15.11.2001 husband of the respondent died leaving behind the respondent and four children. On 3.4.2002 respondent submitted an application before the Executive Engineer, Tubewell Division-I, Sitapur (appellant No.4 herein) seeking appointment under the 1974 Rules. Her request was turned out on the ground that she was not eligible for such appointment under the 1974 Rules. Writ Petition No.3334/2002 (SS) was filed by the respondent, inter alia, seeking for a direction to the present appellants to appoint the writ petitioner in any suitable Class IV post under the Dying-in-Harness Rules. Learned Single Judge while i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterfere with any interim order passed by learned Single Judge which has been upheld by the Division Bench. To say the least, approach of the learned Single Judge and the Division Bench is judicially unsustainable and indefensible. The final relief sought for in the writ petition has been granted as an interim measure. There was no reason indicated by learned Single Judge as to why the Government Order dated 26.10.1998 was to be ignored. Whether the writ petitioner was entitled to any relief in the writ petition has to be adjudicated at the time of final disposal of the writ petition. This Court has on numerous occasions observed that the final relief sought for should not be granted at an interim stage. The position is worsened if the inte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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