Supreme Court sets aside interim order, directs High Court to decide writ petition promptly.

The Supreme Court set aside the High Court's interim order staying the termination of service of respondents, noting the error in granting such relief prematurely. The Court directed the High Court to decide the writ petition within three months, without delving into the appeal's merits. The appeal was allowed with no order as to costs, emphasizing the High Court's role in examining the appeal's merits during the writ petition's disposal.

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Issues involved:
The appeal challenges an interim order staying the termination of service of respondents by the High Court of Judicature at Allahabad at Lucknow Bench at Lucknow. The State of UP filed a Special Leave Petition against the interim order.

Details of the Judgment:

Interim Order Challenge:
The appeal challenges an interim order dated 23rd of October, 2008, passed by a Division Bench of the High Court of Allahabad at Lucknow Bench at Lucknow. The interim order stayed the termination of service of the respondents pending a writ petition. The State of UP filed a Special Leave Petition against this interim order.

Court's Observation:
The Supreme Court found that the High Court had erred in staying the order of termination during the pendency of the writ petition. The Court noted that granting such relief at the interim stage would automatically allow the writ petition without allowing both parties to present their cases fully. The appellants had not filed a counter affidavit to the writ petition of the respondents.

Decision and Directions:
Considering that final relief could not be granted at the interim stage, the Supreme Court set aside the impugned order and vacated the interim order passed by the High Court. The Court directed the learned Single Judge of the High Court to decide the writ petition within three months from the date of supply of the order copy. The Court clarified that it did not delve into the merits of the appeal, leaving it to be decided by the High Court during the disposal of the writ petition.

Conclusion:
The Supreme Court allowed the appeal to the extent indicated above and made it clear that there would be no order as to costs. The Court emphasized that the High Court would examine the merits of the appeal during the disposal of the writ petition.

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