PUSHKAR SINGH BHATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AN application under clause (3) of Art. 226 of the Constitution has been filed to vacate the stay order dated 30. 05. 2000, by which operation of giving compulsory retirement had been stayed.

(2.) GRANTING interim relief against the order of compulsory retirement at this stage would amount to grant of final relief, which is not permissible to be passed in ordinary course.

(3.) IN Burn Standard Co. Ltd. and others vs. Dinabandhu Majumdar and another (12), Hon'ble Supreme Court deprecated the practice of grant of interim relief which amounts to final relief, observing that High Court should exercise its discretion, while granting interim relief, reasonably and judiciously and, if loss can be repairable or the loss can be satisfied by giving backwages etc. in the end if petition ultimately succeeds, it is not desirable that the relief should be granted by interim order. Hon'ble Apex Court further observed that it should be granted only in exceptional circumstances where the damage can not be repaired, for the reason that -"if no relief for continuance in service is granted and ultimately his claim. . . . . is found to be acceptable, the damage can be repaired by granting him all those monetary benefits which he would have received had he continued in service. We are, therefore, of the opinion that in such cases it would be imprudent to grant interim relief".