- (1.) Heard learned counsel for the appellants, Sri B.N. Yadav, learned counsel for the respondent nos. 5 and 6 and Sri K. Shahi, learned counsel for the respondents.
(2.) Present Special Appeal is directed against grant of interim order dated 19.08.2015 passed in Civil Misc.Writ Petition No.44869 of 2015 (Ram Kishun and others Vs. State of U.P. and others), and it is being contended before us that in reference of grant of similar interim order, Special Appeal Bench has already intervened in the matter and has clarified the said interim order to the effect that pursuant to the promotional exercise so undertaken, incumbent who has proceeded to join the promotional post would not be disturbed.
(3.) We have proceeded to examine the order that has been passed in Special Appeal (D) No. 48 of 2017 and in view of this, as in the present case also order that has been so passed against the appellants, is an ex-parte interim order and their right certainly has been sought to be effected on account of interim order, accordingly, we clarify that all those incumbents, who have joined on the post prior to passing of the interim order, their functioning should not be disturbed and same shall abide by the final order to be passed by this Court.;