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ARIJIT PASAYAT, C.K.THAKKER
State Of U. P. – Appellant
Versus
Ram Sukhi Devi – Respondent
The judge clearly expresses his viewpoint that interim relief should not substitute for the final relief in the following paragraph:
"Approach of the learned Single Judge and the Division Bench is judicially unsustainable and indefensible. The final relief sought for in the writ petition has been granted as an interim measure. There was no reason indicated by learned Single Judge as to why the Government Order dated 26.10.1998 was to be ignored. Whether the writ petitioner was entitled to any relief in the writ petition has to be adjudicated at the time of final disposal of the writ petition. This Court has on numerous occasions observed that the final relief sought for should not be granted at an interim stage." (!)
JUDGMENT
Arijit Pasayat, J.-Leave granted.
2. The State of U.P. calls in question legality of the judgment passed by a Division Bench of the Allahabad High Court dismissing the Special Appeal filed by the present appellants. The Division Bench upheld the interim order passed by learned Single Judge dated 24.6.2002 in Writ Petition No. 3334/2002 (SS).
3. Background facts as projected by the appellants in a nutshell are as follows:
Respondent s husband was appointed as a part-time tubewell operator on 14.6.1989. While Uttar Pradesh Recruitment of Dependents of Government Servant Dying-in-Harness Rules, 1974 (in short the 1974 Rules ) were in operation, in compliance with the judgment passed by this Court in some cases on 16.12.1996 Uttar Pradesh Sinchai Vibhag Mein Nalkoop Chalakon Ke Pado Par Anshalik Nalkoop Chalakon Ke Viniyamitikaran Niyamawali, 1996 (hereinafter referred to as the 1996 Rules ) was notified and same was made applicable with effect from the date of notification. Under Sub-rule (1) of Rule 4 of the said Rules, the cut off date was fixed to be 1.10.1986. On 26.10.1998 a Government order was issued by the State Government clarifying that under the 1974 Rules benefit c
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