1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Special Appeal (Writ) No.348/2010 In S.B. Civil Writ Petition No.8338/2008 Rajasthan Agriculture University, Bikaner vs. Dr. H.C. Sharma & Ors. Date of order :: 27.9.2010. HON'BLE THE CHIEF JUSTICE MR. JAGDISH BHALLA HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Mr. O.P. Bairwa, OIC, representative of appellant. Mr. B.K. Sharma, representative of respondents. *** This appeal is directed against the order of learned Single Judge dated 5.4.2010. By the aforesaid order, application filed by the respondents-petitioners was allowed and the appellant was directed to make pay fixation of the writ petitioners according to the recommendations of the Sixth Pay Commission. Earlier than passing this order in the writ petition, challenge was made to the notification dated 17.6.2008 issued by the appellant-University whereby two advanced grade increments granted to respondents were withdrawn. Operation and effect of that notification was stayed by the learned Single Judge and when the appellant filed application for vacation of stay order, the same was dismissed on 6.3.2009. The learned Single Judge while passing the impugned order expressed the view that when the operation and effect of order granting two advanced grade increments was stayed, the 2 appellant-University merely on account of pendency of this writ petition could not withhold fixation of the pay of respondents-writ petitioners as per the recommendation of Sixth Pay Commission. The order which was passed by the learned Single Judge was thus consequential to the earlier order dated 6.3.2009 staying operation and effect of the notification dated 17.6.2008. When a query was made by the Court from the Officer-incharge appearing for the appellant- University, he was not sure whether or not appeal has been filed by the University against the order dated 6.3.2009 and if no appeal is filed against that order, the present appeal is not maintainable and even otherwise the impugned order being a consequential order and also independently viewed, this interim order cannot be construed to be a final order in the meaning of Rule 134 of the Rajasthan High Court Rules. The appeal against such an order is therefore not maintainable. The appellant however would be free to take their remedy before the learned Single Judge in the writ petition or in the appeal if they have filed any such, against the order dated 6.3.2009. This appeal is therefore dismissed as being not maintainable. (MOHAMMAD RAFIQ), J. (JAGDISH BHALLA),CJ. RS/-