STATE OF U P Vs. DAYAVATI KHANNA
LAWS(ALL)-1994-4-10
HIGH COURT OF ALLAHABAD
Decided on April 21,1994

STATE OF UTTAR PRADESH Appellant
VERSUS
DAYAVATI KHANNA Respondents

JUDGEMENT

S. S. Sodhi, J. - (1.) THERE is a settled and well established rule of practice which by convention and long usage has almost hardened into a rule of law, namely, that relief asked for and available at the stage of final disposal of writ proceedings, is not, except for special reasons, to be granted as interim relief at the interlocutory stage. Blatant disregard of this rule is revealed here.
(2.) TO give the relevant factual background, the writ petitioners Dayavati Khanna while holding the post of Joint Director of Education was on March 20 1991 given additional charge of looking after the work also of the Additional Director of Education, which she has been doing ever since. In the writ petition, the prayer' of Dayavati Khanna was "pay salary to the petitioner of the post of Additional Director of Education with effect from 20th March, 1991." When the matter came up before the learned Single Judge for interim relief, by his order of April 29, 1993 (the learned Single Judge directed that Dayvati Khanna be paid salary as Additional Director with effect from March 20, 1991 namely, the main relief in the writ petition. Not only this, the learned Single Judge went further and directed the issuance of a regular appointment order to Dayavati Khanna for the post of Additional Director. It deserves to be pointed out here that there was no such prayer in the writ petition nor was it the ease of Dayavati Khanna that she had been reqularly appointed to the post of Additional Director or was by seniority or selection entitled to be appointed as such.
(3.) WHEN the matter next came up before the learned Single Judge on October 13, 1993 the order shows that a direction was issued for the payment of salary as Additional Director to Dayavati Khanna. There is then the. order January 20, 1994 whereby the learned Single Judge directed compliance with his earlier order of April 29, 1993, namely, payment of salary as Additional Director to Dayavati Khanna with effect from 20th March, 1991, This order was directed to be complied with within two weeks.;


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