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shubham gupta (Advocate )     11 May 2024

Interim order in transfer case


I have query regaring interim relief granted in a transfer case wherein transfer order was stayed. Thereafter matter remained pending for more than two years and later Hon'ble Court disposed off the case with the direction that the Petitioner shall give a representation to the respondent department and the department shall consider the said representation.

The specific questions that I need help with are:

1. Whether the interim relief is to be considered vacated or allowed in terms of the direction given by the Hon'ble Court?

2. If the interim relief is considered to be not vacated and petitioner failes to give representation. Whether the stay order shall continue?

For your perusal i am attaching the final order of the high court. Further I know that department is at the liberty to file fresh transfer order but the question is regarding the existence of stay order granted. Please provide help with the above cited questions alongwith relevant case laws.


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     12 May 2024

1. Once a case is disposed by court all the interim orders passed will become infructuous.

2. The answer suits this question too. The interim order stands vacated automatically if the main case is disposed.

Dr. J C Vashista (Advocate )     12 May 2024

Interim order stands vacated / disposed with the case.

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