IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 127 of 2011 M/s y I.T. C td. ..……… Appellant borg Services Pvt. L Versus Kumaon University, Nainital and others ……...… Respondents Present: Mr. Manoj Tiwari, Senior Advocate assisted by Mr. Anil Kumar Joshi, Advocate for the appellant. Mr. B.D. Upadhyay, Advocate for respondent Nos. 1 to 5. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble Servesh Kumar Gupta, Judge Date: 1st July, 2011 JUDGMENT Barin Ghosh, C.J. (Oral) In order to help the respondent University to conduct an examination on 24th March, 2010, appellant was engaged by the respondent University. On 25th April, 2011, this engagement was cancelled. Challenging this engagement of the appellant, appellant filed a writ petition on 12th May, 2011. This writ petition was considered on 10th June, 2011, when an interim order was sought for. That having not been granted, present appeal has been filed. In the meantime, replacing the appellant another person has been engaged on 3rd May, 2011 to do the work as was given to the appellant. We think that in such circumstances in the event by way of an interim arrangement, engagement of the appellant in terms of the award dated 12th January, 2011 is restored, the same will interfere with third party interest created prior to the filing of the writ petition. Accordingly, the same is not permissible. 2. We, accordingly, dispose of the appeal and hope and expect that the contentions raised in the writ petition would be decided at an early date in accordance with law. (Servesh Kumar Gupta, J.) ( Barin Ghosh, C.J.) 01.07.2011 01.07.2011 P. Singh