STATE OF UTTAR PRADESH Vs. VISHESHWAR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is against an interim order by which the writ petitioner visheshwar (respondent herein) has been directed to be confirmed on the post of Forest Guard and there is also direction to pay him salary of a regular employee holding that post.

(3.) The main question for decision in the writ petition before the High court is the status of the writ petitioner on the basis of his claim to the post of Forest guard, which is yet to be adjudicated. By the interim order the High court has actually granted the final relief itself without an adjudication on the point in controversy on which the grant of that relief depends. In these circumstances, granting of the final relief in the form of interim relief was wholly unwarranted. The impugned order dated 1/11/1993 has therefore to be set aside. The question of grant of relief claimed in the writ petition would be considered on its merits by the High court and that relief to which the writ petitioner is found to be entitled may be granted at the time of decision of the writ petition. No such interim order of the kind which has been made is called for.