JUDGMENT :

Rakesh Srivastava, Vivek Varma, JJ.

1. Heard Sri Anu Pratap Singh, learned counsel for the appellants, Sri Amitabh Rai, learned Additional Chief Standing Counsel for respondent nos. 1 and 2, Sri Pawan Kumar Pandey, learned counsel for respondent nos. 3 and 4 and Sri Shashank Pathak, Advocate holding brief of Sri Sharad Pathak, learned counsel for respondent nos. 6 to 18.

2. The present special appeal has been filed seeking to challenge the order dated 1.11.2021 passed by the learned Single Judge in Writ Petition No. 25379 (M/S) of 2021 (Rama Kant Pandey and others v. Principal Secretary. Institutional finance, Lucknow & Ors.).

3. A preliminary objection has been raised by the learned counsel for the respondents with regard to maintainability of the special appeal. It has been contended that the order under challenge in this appeal does not decide the rights of the parties and as such, the same cannot held to be a judgment for the purposes of filing an intra Court appeal. He further submits that the appellant has filed a stay vacation application along with counter affidavit in the present writ petition and the said application is stated to be listed on 6.12.2021.

4. Learned c