SPA/452/2022
2022 Latest Caselaw 4044 UK

    IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL
          HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                             AND
            HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                       16TH DECEMBER, 2022

             SPECIAL APPEAL No. 452 OF 2022

Between:

Vinod Singh Mahar.                                       ...Appellant

and

State of Uttarakhand and others.                    ...Respondents

Counsel for the appellant.     :   Mr. Shivanand    Bhatt,   the   learned
                                   counsel.

Counsel for the respondents.   :   Mr. Anil Kumar Bisht, the learned
                                   Additional Chief Standing Counsel for
                                   the State of Uttarakhand.


JUDGMENT : (per Sri Vipin Sanghi, C.J.)

              The present Special Appeal is directed against

the order dated 05.12.2022, passed by the learned

Single Judge in Writ Petition (M/S) No. 2263 of 2022.

By the impugned order, notice has been issued in the

Writ Petition, and the respondents have been called

upon to file their counter affidavits. The matter is now

listed on 14.02.2023. The petitioner's prayer for interim

stay, with regard to his posting, has not been granted,

and the learned Single Judge has observed that the

petitioner shall join his duties in the department, where
 his services are being adjusted, subject to final outcome

of the Writ Petition.


2.        In our view, the present Special Appeal is

completely meritless. Merely because no stay of posting

has been granted, the petitioner is not justified in

invoking the appellate jurisdiction of this Court.   The

matter is still pending consideration before the learned

Single Judge.


3.        We, accordingly, dismiss the present Special

Appeal.


4.        Consequently, pending applications, if any,

also stand disposed of.




                                  ________________
                                   VIPIN SANGHI, C.J.


                               ___________________
                               ALOK KUMAR VERMA, J.

Dt: 16th December, 2022 Rahul