KRISHAN AVTAR Vs. OM PRAKASH GUPTA

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against an order passed by a Single Judge of this court Acting Chief Justice on 3rd December 1981,

(2.) SOME facts which have given rise to this appeal may first be noticed. Respondent No: 3 herein, granted an extension in service to Respondent No; 1 for a period of six months from the date of his superannuation. The appellant claiming to be first in the que of promotion to the post which respondent No : 1 had been holding ; challenged the grant of extension before respondent No. 2 who stayed the operation of the order of respondent No : 3. Aggrieved by the order of respondent No : 2 staying the operation of the order granting extension respondent No : 1 filed writ petition No : 625 of 1981 along with an application seeking stay of the operation of the order of respondent No. 2. On 5 -11 -81 Kotwal J. issued a notice to the respondent to show cause why the petition be not admitted - Notice was also issued in the stay matter. Objections to the admission of the petition were filed by the appellant and respondents 3 and 4 herein. In the objections it was stated that respondant No. 1 had retired from service on 31 -10 -81, on superannuation, and had been relieved from duty and his charge had been taken over by Shri Bansi Lal with effect from 1 -11 -81 F. N. On 3rd December, 1981 the Acting Chief Justice admitted the writ petition to hearing and made the following order : "Heard learned counsel for the parties. Till the final disposal of the writ petition the operation of the impugned order of stay, is stayed and it is directed that the petitioner shall be allowed to hold the post of Assistant Khalaf Warzi Officer, in accordance with the order of the President Municipal Council, Jammu, 30 -10 -1981, on the condition that if the writ petition ultimately fails, he shall be liable to refund the salary and other allowances drawn by him. The application is disposed of accordingly."

(3.) IT is against this order that the appellant is aggrieved and has filed this Letters Patent Appeal.