S. R. SINGH, J.

( 1 ) THE appellants are aggrieved by the judgment dated 15. 10. 1997 whereby the learned Single judge while allowing the writ petition made the following observation :

"it is, however, made clear that the District Inspector of Schools. Saharanpur shall take a decision in the matter within a month from the date of production of a certified copy of this order as to whether the promotion of those persons on whose vacancies the petitioners had been appointed, have been confirmed. In case respondent No. 1 finds that their promotions had been confirmed, the short term vacancy ceases and ad hoc appointments can be made by the Deputy director of Education in accordance with the rule referred to above. Respondent No. 1 will take appropriate action by intimating such vacancies to the Deputy Director of Education of the region concerned and he will take suitable action in the matter. As regards the past salary, if for the period the petitioners have worked that has not been paid, that shall be paid in accordance with law to the petitioners within two months from the date of production of a certified copy of this order. "

( 2 ) THE core question that calls for consideration in