WA 359/2010 BEFORE HON’BLE THE CHIEF JUSTICE MR.MADAN B. LOKUR HON’BLE MR. JUSTICE H.N. SARMA (Madan B. Lokur, CJ) The appellant is aggrieved by an interim order dated 22nd September, 201 0 passed by the learned Single Judge in W.P.(C) No.587 of 2010. The appellant claims to be appointed as Battalion Commander (Home Guards) in pla ce of the private respondent. The private respondent being aggrieved by the orde r of appointment challenged it by filing a writ petition. It was submitted by th e private respondent before the learned Single Judge that in view of the interim order passed in W.P.(C) No.789 of 2004 on 19th April, 2004 and continued furthe r by an order dated 19th September, 2004, the private respondent could not be di splaced from the position he was holding. The learned Single Judge called for th e record of W.P.(C) No.789/2004 and confirmed the existence of the interim order in favour of the private respondent. The appointment of the appellant as Battalion Commander, therefore, prim a facie appears to be in violation of the orders passed by this Court. According ly, the order appointing the appellant as Battalion Commander was stayed until f urther orders with liberty, however, to file an application for vacation/modific ation/ alteration of the interim order, if so advised. Feeling aggrieved, the appellant is before us. He contends that he is ad versely affected by the interim order passed in W.P.(C) No.789/2004. He says tha t an application for vacation of the interim order was passed out since it has n ot yet been disposed of, the interim order stands automatically vacated. The appellant may pursue the application for modification or vacation of the interim order passed in W.P.(C) No.789 of 2004. The writ appeal has no merit. It is dismissed.