- (1.) THIS special appeal is directed against an interim order dated 13.8.2010 passed by the learned Single Judge in Civil Misc. Writ Petition No. 48511 of 2010.
(2.) HEARD learned Counsel for the parties. The appellant herein earlier was petitioner in Civil Misc. Writ Petition No. 28016 of 2010. Admittedly, respondent No. 5 in the select list prepared was at serial No. 1 and the appellant was at serial No. 2. Pursuant to their selection, respondent No. 5 was issued letter of appointment on 16.3.2010. That came to be challenged before this Court in the aforesaid writ petition. This Court by order dated 18.5.2010, directed the appellant herein to make a representation before respondent No. 2 therein, who shall pass a reasoned and speaking order within four weeks thereafter, after affording opportunity of hearing to respondent No. 6 therein. It was further made clear that the order selecting respondent No. 6 therein, would be subject to the order passed by respondent No. 2 in that petition.
(3.) IT appears that in spite of the order appointing respondent No. 5, the Management did not allow him to join. According to the appellant herein, respondent No. 5 voluntarily informed the Management by letter dated 22.6.2010 that he was not willing to join and in these circumstances, the appellant came to be appointed. Respondent No. 5 disputes the said letter on several grounds.;