(1) SPECIAL leave granted.

(2) PARAMJEET Singh, appellant herein, was originally working as Assistant Engineer in Minor Irrigation Department of the State of U.P. By order dated 22/7/1997 he was promoted as Executive Engineer in the Hill Cadre on the recommendations of the Departmental Promotion Committee. By order dated 19-8-1997 he was posted as Executive Engineer, Minor Irrigation at Nainital. He took charge of the said post on 21/8/1997. Pradeep K. Srivastava, Respondent 4 who was posted as Executive Engineer, Minor Irrigation at Nainital was transferred from Nainital and was attached to the Superintending Engineer, Pauri. Respondent 4 filed a writ petition (WP No. 28125 of 1997 in the Allahabad High court wherein he challenged the order for his transfer. In the said writ petition by an interim order passed on 2/9/1997, the operation of the order dated 19-8-1997 relating to the posting of the appellant was stayed. As a result of the said interim order passed by the High court, the appellant was deprived of the post of Executive Engineer at Nainital by order of the Commissioner, Kumaon Division, dated 11/9/1997 and he was neither given any other posting nor was he