Mere filing of an appeal does not stay the order appealed against

Tripura High Court: A Division Bench comprising of Ajay Rastogi, CJ and Arindam Lodh, JJ. dismissed an intra court appeal filed against the order of learned Single Judge directing the appellant-Corporation to consider the appointment of Respondent 1 in accordance with the ‘die-in-harness’ scheme.

Husband of Respondent 1 was in service of the appellant at the time of his death. Respondent 1 filed a petition for the appointment on compassionate grounds under the die-in-harness scheme. She prayed to an appointment for either of her two children and if none of them were found eligible then in the alternative, she prayed appointment for herself. Learned Single Judge allowed her petition and directed the appellant to consider her appointment, under the scheme, considering her qualification. The appellant preferred an appeal against the order of the learned Single Judge without compliance with the above-stated direction.

While dismissing the appeal preferred by the appellant-Corporation, the High Court observed that the non-compliance of the direction passed by the learned Single Judge could not be justified. The Court further observed it to be a sorry state of affairs that the Corporation on filing writ appeal against the impugned judgment, without having any interim order, has not responded to the decision. The High Court categorically held that mere filing of an appeal along with the application for stay of the order of the learned Single Judge impugned in the writ appeal will not give an exclusive right to the appellant to sit over the order. Holding thus, and considering merits of the case, the appeal was dismissed with costs amounting to Rs. 25,000. [Tripura State Electricity Corpn. Ltd.  v. Madhabhi Debnath,  2018 SCC OnLine Tri 117, dated 20-6-2018]

 

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