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Judgment
Case called out. None appears for the respondent nor there is any request of pass over.
We have gone through the Special Appeal and has also seen the order under appeal.
Admit.
In the writ petition the respondent had prayed for claiming promotion on the post of Junior Clerk i.e. ClassIII post, before giving promotion to any other ClassIV employee and by means of amendment, prayed that the opposite parties be directed that the respondent be permitted to work and function as Clerk as he was functioning since 1998 till passing of the impugned order dated 21.4.2006.
It appears that an interim order was passed by the learned Single Judge on 22.2.2006 but a grievance was raised before him that the said order is not being complied with, instead the respondent has been directed to work as Chaukidar. On the aforesaid complaint, another order was passed on 17.1.2007 by the learned Single Judge giving direction that in compliance of the order dated 22.2.2006 the respondent be allowed to continue and shall not be compelled to work as Chaukikar or watchman. He shall be allowed to discharge clerical duties in the office of A.R.T.O. and so far salary is concerned, if the respondent is discharging clerical duties, the appropriate authority shall consider for allowing him salary of that post.
Argument of appellants that the respondent was not functioning on Class III post and, as such, direction could not be given as claimed, was yet to be considered by the learned Single Judge, requires to be considered. The interim order apparently, gives no final relief.
In view of the aforesaid, we stay the enforcement and operation of the order dated 17.1.2007, passed by the learned Single Judge. We further direct that this order will not come in the way of the respondent''s promotion on ClassIII post, if otherwise he is eligible for promotion and promotions are to be made.