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2022 Supreme(All) 611

Vice Chairman Abss Institute of Technology – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Vibhu Rai, Abhinav Gaur.
For the Respondent: C.S.C., Ajal Krishna, Rohit Pandey, Vijay Tripathi.

JUDGMENT :

1. This Intra Court Appeal has been filed questioning the interlocutory order dated 23.3.2022 passed by the learned Single Judge in Writ-A No. 2695 of 2022 (Dr. Sanjay Kumar Sharma vs. State of U.P. and 4 others) whereby and whereunder entertaining the writ petition against the termination order dated 6.4.2021 passed by the Vice Chairman Abbs Institute of Technology, Meerut a private educational institution and inviting a response to the writ petition has stayed the termination order dated 6.4.2021 and permitted the writ petitioner/respondent to perform his duty as he was discharging earlier and shall be paid his salary which shall be subject to final outcome.

2. A perusal of the impugned order of the learned Single Judge reveals that while the writ petition has been kept pending by inviting counter and rejoinder affidavits the termination order dated 6.4.2021 passed by the appellant who was arrayed as respondent No.2 in the writ petition has been stayed with further direction permitting the petitioner/respondent to perform his duties and paid salary, the learned Single Judge has virtually granted the final relief to the writ petitioner/respondent.

3. An interim order can b

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