S. P. Srivastava, J. - (1.) THIS special appeal is directed against a pre hearing judgment of a learned Single Judge, where under while keeping the writ petition pending, the petitioner has been granted the main relief sought for by him.
(2.) IT may be noticed that in the writ petition giving rise to this appeal the petitioner had prayed for a direction to the committee of management for issuing an appointment letter, appointing the petitioner on the post of Lecturer from 20-12-1991 and for a further direction for the payment of salary to him from the said date and continue the payment till the petitioner continued to hold the post. A learned single Judge, while disposing of the stay application passed the impugned order directing the appellant to appoint the petitioner as Lecturer in Commerce Department of the College run and managed by it, within one month and pay him his salary regularly. Being aggrieved, the Committee of Management, the appellant has now come up in Appeal seeking reversal of the impugned order.
(3.) WE have heard the learned Counsel for the parties and have perused the record. As observed by the Apex Court in its decision in the case of U P. Junior Doctors' Action Committee v Dr B Sheetal Nandwani. JT 1992 (1) SC 571, it's a well known rule of practice and procedure that at interlocutory stage a relief which is asked for and is available at the disposal of the matter is not granted unless there is any special reason to be indicated in clear terms.;