STATE OF UTTARAKHAND AND ORS. Vs. ARADHANA RAWAT

JUDGEMENT

(1.) THE Special Appeal before this Court was listed on 06.01.2015. Thereafter, it was fixed for 07.01.2015. Again, it was listed for 16.01.2015, on which date it was fixed for 21.01.2015, (i.e., today) for dictation of judgment.

(2.) BY means of present Special Appeal, the appellants have assailed the order dated 10.12.2014 rendered by learned Single Judge in Writ Petition no.2122 of 2014 (S/S) titled as Smt. Aradhana Rawat vs. State and others. By the impugned order, learned Single Judge stayed the operation and effect of order dated 02.12.2014, by which, the petitioner was dismissed from service.

(3.) LEARNED Brief Holder for the State -appellants submitted that the final relief sought for, should not be granted by learned Single Judge at an interim stage. In other words, the interim relief granted to the petitioner (respondent herein) by learned Single Judge is final in nature and the final relief could not have been granted at the interim stage. In support of his submissions, learned Brief Holder placed reliance upon the decisions of Hon'ble Supreme Court in State of Uttar Pradesh and others vs. Ram Sukhi Devi, : (2005) 9 SCC 733 and State of Uttar Pradesh and others vs. Sandeep Kumar Balmiki and others, : (2009) 17 SCC 555. In Ram Sukhi Devi's case (supra), the Hon'ble Supreme Court held as under: