State of U.P.and others vs Baldeo Tripathi

There is delay of three months 1 days in filing the Special Appeal, which has been sufficiently explained, and is accordingly condoned.

Heard learned Standing Counsel for the State of U.P. the appellant.

The State is aggrieved by an interim order dated 4.9.2009 passed by learned Single Judge in Writ Petition (S/S) of 5589 of 2009 Baldeo Tripathi v. State of U.P. and others.

By the order under challenge while granting six week''s time to State to file counter affidavit and two week''s time to petitioner to file rejoinder affidavit, the Court has directed that in the meantime, in case petitioner is discharging duties continuously since 1988, he shall be paid minimum salary of the pay scale admissible under Rules.

We find that the order does not decide the rights of the parties and is not a judgment to make it appealable under Chapter Vlll, Rule 5 of Allahabad High Courts Rules, 1952. The order is interlocutory in nature. The State has remedies to file a stay vacation application before the same Hon''ble Judge.

The Special Appeal is dismissed.