Procedure to vacate the intrim order.reg
Querist :
Anonymous
(Querist) 22 August 2011
This query is : Resolved
On dated 05th February, 2003 Hon’ble high court of Allahabad passed an intrim order “until further order we direct that petioners as well as respondent No.4 shall be allowed to continue in service” . The two applicants were filed a Writ Petition (Civil) in High court Allahabad against the CAT Allahabad’s Judgment and their termination. Strangely one of them from the two applicants is not having basic and minimum qualification. Hon,ble CAT Allahabad found his appointment illegal on the same ground, and the Department terminated both of them on dated 05th October, 2002 accordingly. Both of them are continue from 13th February, 2003 after the four and half month’s of service break. The Department is providing continuously increments to them. The final hearing is pending in H.C. Allahabad due to the huge numbers of cases pending in the court. Several times my Council mentioned/ requested the case for final disposal. Also requested for expedite application, but Hon’ble court denied as “case is listing continuously, so expedite application can not be move”. Due to the ulterior motive, Department is giving more preference to both of them who have been terminated by the department. Similarly, due to this irregular practice, I am suffering continuously and regularly. This is confirm that CAT Allahbad Judgment is not stayed by The High Court Allahabad. Please advise me, how I can modify / vacate the impugned intrim order? Can I file an application/ SLP in Hon’ble Supreme Court for the same? How much expenses will be consumed? What documents will be required?
prabhakar singh
(Expert) 22 August 2011
you will have to bear the pain of delay,filing any slp in sc will turn futile at very first moment as no ground looks for a slp with in facts stated by you.
Chanchal Nag Chowdhury
(Expert) 22 August 2011
U should have filed an application for vacating the interim order. Under Art. 226, if an interim order has been passed ex-parte & an application for for vacating the interim order is made, the court either has to dispose of such application within one month or the interim order is deemed to have been vacated.
