1995 JTR(SC) 296
1995 Supp3 SCC 590 ; 1995 SCC(L&S) 1423 ; 1995 KHC 3295
SUPREME COURT OF INDIA
J.S.Verma : Sujata V.Manohar
State Of U.P.
Versus
Visheshwar
Case No. : of 1995(arising out of special leave petition
Date of Decision : 2/24/95
Final relief cannot be granted as interim relief before the court has adjudicated the main controversy upon which the entitlement to such relief depends.
Act
Referred
:CONSTITUTION OF INDIA
: Art.226
(A) Writ Jurisdiction - Interim Relief - Grant of final relief as interim relief - High Court directed confirmation on a post and payment of regular salary before adjudicating the main question of the petitioner's status - Granting final relief in the form of interim relief without adjudication on the point in controversy is wholly unwarranted. (Para 3)
Facts of the case:
A writ petition was filed claiming the post of Forest Guard. The High Court passed an interim order directing the respondent to be confirmed in the said post and to be paid the salary of a regular employee, while the main question regarding the status of the petitioner was yet to be adjudicated.
Findings of Court:
The High Court effectively granted the final relief itself without an adjudication on the point in controversy on which the grant of that relief depends.
Issues: Whether the grant of final relief as an interim measure is permissible before the main controversy of the case has been adjudicated.
Ratio Decidendi: Granting final relief in the form of interim relief is unwarranted when the main question for decision is yet to be adjudicated.
Result: Appeal allowed. The impugned order of the High Court is set aside.
Facts of the case:
A writ petition was filed claiming the post of Forest Guard. The High Court passed an interim order directing the respondent to be confirmed in the said post and to be paid the salary of a regular employee, while the main question regarding the status of the petitioner was yet to be adjudicated.
Findings of Court:
The High Court effectively granted the final relief itself without an adjudication on the point in controversy on which the grant of that relief depends.
Issues: Whether the grant of final relief as an interim measure is permissible before the main controversy of the case has been adjudicated.
Ratio Decidendi: Granting final relief in the form of interim relief is unwarranted when the main question for decision is yet to be adjudicated.
Result: Appeal allowed. The impugned order of the High Court is set aside.
(1) LEAVE granted.
(2) THIS appeal is against an interim order by which the writ petitioner Visheshwar (respondent herein) has been directed to be confirmed on the post of Forest Guard and there is also direction to pay him salary of a regular employee holding that post.
(3) THE main question for decision in the writ petition before the High court is the status of the writ petitioner on the basis of his claim to the post of Forest Guard, which is yet to be adjudicated. By the interim order the High court has actually granted the final relief itself without an adjudication on the point in controversy on which the grant of that relief depends. In these circumstances, granting of the final relief in the form of interim relief was wholly unwarranted. The impugned order dated 1/11/1993 has therefore to be set aside. The question of grant of relief claimed in the writ petition would be considered on its merits by the High court and that relief to which the writ petitioner is found to be entitled may be granted at the time of decision of the writ petition. No such interim order of the kind which has been made is called for.
(4) CONSEQUENTLY, the appeal is allowed. The impugned order of the High court is set aside. No costs.