The court established that parties affected by interim orders have the right to seek their vacation, reinforcing the principles of due process and fair representation in legal proceedings.

JUDGMENT

1. This intra court appeal is directed against the interim order dated 22.04.2021 passed by the learned Single judge of this Court in SBCWP No.4999/2021. The order reads as infra:

"Issue notice of the writ petition as well as stay application, returnable within six weeks.

In the meanwhile, the petitioners who are working on contract basis shall not be replaced by another set of contractual employees on account of change of placement agency or otherwise. The petitioners shall be allowed to draw salary."

2. Learned counsel appearing for the appellant submits that pursuant to NIT No.1/2020-21 the contract for operation, maintenance and repair for a period of five years of Bisalpur- Jaipur Water Supply Project (Transmission System) was awarded in favour of appellant herein and therefore, the employees who were working under the earlier contractor, could not have been continued by the learned Single Judge.

3. It is submitted that the respondents have obtained the interim order without impleading the appellant as party- respondent, however, now vide order dated 06.07.2021 passed by the learned Single Judge the appellant has already been impleaded as party-respondent in the writ petition.

4. Since the appellant stands impleaded as party-respondent, it is always open for it to make appropriate application before the learned Single Judge for vacating the interim order under Article 226 (3) of the Constitution of india.

5. We are also informed that State has also filed an application under Article 226 (3) of the Constitution of India for vacating the interim order, which is coming up for consideration before the learned Single Judge on 19.07.2021.

6. It is noticed that vide order dated 05.07.2021 while issuing notices to the respondents, a Coordinate Bench of this Court has passed interim order in favour of appellant herein staying the operation of the order dated 22.04.2021 passed by the learned Single Judge.

7. In this view of the matter, we do not find any good reason to keep the present special appeal pending. It will be open for the appellant to make a prayer before the learned Single Judge for vacating the interim order. Interim order dated 05.07.2021 passed by this Court staying the order dated 22.04.2021 passed by the learned Single Judge shall continue up to 19.07.2021.

8. The special appeal stands disposed of accordingly.