In the High Court of Judicature at Patna LPA no. 716 of 2009 Ram Babu Choudhary vs the Union of India & Ors --------------- 5 27-08-2009 Heard the parties. This Letters Patent Appeal is against an interlocutory order passed on the first day the writ petition was heard for admission and adjourned but with an interim direction that the respondent no. 11, the appellant herein shall be treated as junior to the writ petitioner during the pendency of the writ petition. In effect, the impugned order dated 13-4-2009(annexure-25 to the writ petition) has been stayed. This appeal is against such interim stay. Lengthy arguments were advanced on behalf of both the parties claiming seniority over each other- appellant’s claim mainly on account of length of service, higher pay-scale and ultimate policy decision of State of Bihar and writ petitioner’s claim mainly on the ground that appellant had opted for service in newly created State of Jharkhand and has been reallocated to the State of Bihar on his request and against law, hence his past service in Bihar is wiped out although he may be getting higher pay scale. But considering that this appeal is only against an interim order we are not persuaded to enter with merits of the case of either parties. We were taken through the impugned order to show that on the first day itself appellant’s counsel appeared without 2 notice ready with Vakalatnama so that he may get an opportunity to oppose ex-parte order but he was directed to file Vakalatnama by the next day and interim order was passed virtually ex-parte without affording an opportunity to raise contentions in reply on behalf of the appellant (respondent no.11). It was urged before us that prayer for hearing the stay matter within a short period was not entertained and writ petition has been ordered to be now listed in due course for admission which may take several months or even years. We find that when appellant’s counsel had appeared with Vakalatnama, he should have given an opportunity of placing his case instead of passing an interim order ex-parte which in effect may last for a long period. Hence, the impugned order of stay is set aside and the matter is remitted back to the writ court for passing a fresh order after hearing the parties. For the same the matter be listed before an appropriate Bench under the heading for admission as a fresh case, i.e., at the top of the list. If the parties opt, their pleadings in this appeal may be treated as pleadings by way of counter- affidavit, rejoinder etc. for avoiding unnecessary delay. The appeal is allowed to the aforesaid extent. No costs. Naresh/- (Shiva Kirti Singh, J.) (Anjana Prakash, J.)