I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL HON’BLE MR. MANOJ KUMAR TI WARI , J.

HON’BLE MR. ASHI SH NAI THANI , J.

SPECI AL APPEAL NO. 10 OF 2025 Managing Director, Uttarakhand Bahuddeshiya Vitta Evam Vikas Nigam Ltd. and another .......…Appellant Versus Shri Brijmohan and others ......…Respondents Presence:-

Mr. T.A.Khan, learned Senior Advocate for the appellant.

Mr. Mukhesh Kumar Kaparwan, Advocate for respondent no.1.

Mr. Yashpal Arya, Advocate, holding brief of Mr. Neeraj Garg, Advocate for respondent no.2.

JUDGMENT : (per HON’BLE MR. MANOJ KUMAR TIWARI, J.) This is an Intra Court Appeal directed against the interim order dated 10.01.2025, passed by learned Single Judge in Writ Petition (S/S) No. 83 of 2025. The operative portion of the order impugned is extracted below:

“Till the next date of listing, the effect and operation of the order impugned dated 28.09.2024 passed by respondent no.2 is stayed with a direction to the respondents to permit the petitioner to continue and be paid salary.”

3. Learned counsel for the appellant submits that impugned order is unsustainable as learned Single Judge has given a relief, which could have been granted only after decision in the writ p