- (1.) This intra court appeal under the Rules of the Court is directed against the order dated 19.02.2016 passed by learned single Judge on writ petition no. 7640 of 2006 filed by appellants calling for a counter affidavit from the respondents within four weeks and connecting the writ petition with another writ petition no. 64917 of 2014. The order under challenge reads as under : "Heard Shri Alok Mishra, learned counsel for the petitioner, Shri Indra Raj Singh, who has filed caveat application on behalf of respondents no. 5 to 22 and Shri Vikram Bahadur Yadav for the respondents no. 1 to 4. All the respondents may file counter affidavit within four weeks. List thereafter Connect with W. P. "A" No. 64917 of 2014 (Rakesh Kumar Lal and others v. State of U. P. and others)."
(2.) Learned counsel for the appellants submits that denial to decide the stay application by the learned single Judge adversely affects the rights of the petitioner-appellants for being regularized in service according to service rules resulting in serious irreparable loss. It is further submitted that though the order on the face of record amounts to procedural order passed in progression of the case but it is a trappings of finality of the judgment as the same would ultimately lead to the writ petition becoming infructuous.
(3.) Writ petition was filed by the appellants challenging the order dated 06.01.2016 passed by Commissioner, Basti Division, Basti according approval to the creation of 18 posts of Seasonal Collection Amin and peon and consequential order dated 07.01.2016 passed by District Magistrate, Basti. Appellants-petitioner averred in the writ petition that they are fully eligible for substantive appointment on the post of Seasonal Collection Amin and the reservation policy was not followed. Learned single Judge vide the aforesaid quoted order while entertaining the writ petition called for a counter affidavit and connected the case with an earlier pending writ petition no. 64917 of 2014 filed by the petitioners challenging the regularization of 28 Seasonal Collection Amin on an alleged violation of the reservation policy.;