J And K State Transport ... vs Ravinder Kumar And Others
2021 Latest Caselaw 510 j&K

                                                                   Sr. No. 210
               HIGH COURT OF JAMMU AND KASHMIR
                          AT JAMMU
CJ Court

Case: LPA No. 26 of 2019
(Through Virtual mode)


J and K State Transport Corporation                  ...Petitioner(s)/Appellant(s)
                                   Through: Sh. M. A. Bhat, Advocate.

                          v/s
Ravinder Kumar and others                                       .... Respondent(s)
                                   Through:
        CORAM:
        HON'BLE THE CHIEF JUSTICE
        HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE


                                       ORDER

1. The appeal has been filed against the interim order dated

21.12.2018 passed in SWP No. 2608/2018.

2. The court by the aforesaid order has kept in abeyance the order dated

30.10.2018 till the next date of hearing subject to the objections of the other

side.

3. Since the appeal is directed against the interim order which is for a

limited period, the appellant if adversely affected may apply for vacating the

same or get the writ petition itself decided on merits. It is not a case where the

lis between the parties has been decided. The order impugned is not a

'judgment' against which an appeal can be filed.

4. Learned counsel for the appellant argued that the interim order

purports to grant the final relief sought in the writ petition, as such, he is

entitled to maintain the appeal.

5. The interim order only directs for keeping in abeyance the order

dated 30.10.2018 whereby an employee was ordered to be repatriated. The stay

of the said order does not mean that any final relief has been granted at the

interim stage.

6. In view of the aforesaid facts and circumstances, we do not find that

there is any substance in the appeal. It is accordingly dismissed with the

expectation that the writ court will do its best to decide the petition most

expeditiously.

                       (RAJNESH OSWAL)                    (PANKAJ MITHAL)
                                JUDGE                      CHIEF JUSTICE
Jammu
23.04.2021
Raj Kumar