STATE Vs. NARESH KUMAR
LAWS(J&K)-1993-11-11
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 18,1993

STATE Appellant
VERSUS
NARESH KUMAR Respondents

JUDGEMENT

- (1.)THIS appeal is directed against an interim order passed by a learned Single Judge, whereby the only direction issued to the appellants is to consider all the respondents with regard to their grades on parity basis with their other counterparts in Srinagar Division.
(2.)WHILE passing the above interim order the learned Single Judge directed issue of notice to the appellants returnable within three weeks. The learned counsel for the State admits that after receipt of notice, objections have been filed. According to him, the objections were filed in the month of June, 1993 and thereafter the application for interim relief and the objections were listed before a learned Single Judge, when in view of the information conveyed by the learned counsel for the State that Letters Patent Appeal has been filed, the hearing on objections and the application for interim relief was deferred. We do not appreciate obtaining deferment of the hearing on objection merely because Letters Patent Appeal has been filed against the exparte interim order. If the exparte interim order had been vacated by the learned Single Judge, this appeal would have become infructuous. We are of the opinion that application for interim relief alongwith the objections should be disposed of by the learned Single Judge.
(3.)IN view of the above, the appeal is dismissed. The application for interim relief alongwith the appellants objections shall be listed before learned Single Judge in the next cause list. If the respondents have to file any rejoinder affidavit they may do so before the date fixed.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.