By The Court—There is delay of two days. Objections to the application for condonation of delay have been filed.2. We find the ground sufficient. The delay is condoned.3. By means of an interim order, learned Single Judge has issued a direction for payment of salary to the respondent forthwith on the post of Lecturer, Economics and while issuing such a direction operation of the order dated 17.11.2009 issued by the District Inspector of Schools has been stayed. By means of the order dated 17.11.2009, approval to the appointment of the respondent was refused by the District Inspector of Schools, on the ground that the said appointment was void, in view of Section 16(2) of the Uttar Pradesh Secondary Education Services Selection Board Act, 1982, as there was no power with the Committee of Management to make any appointment, may be ad hoc or otherwise.4. Learned counsel for the appellant admitted that the appellant is not in service at the moment, he having been dismissed from service and against the order of dismissal, a writ petition is pending, with no interim order.5. Counsel for the respondents submitted that the appellant has no locus standi to challenge the interim order, as he is not in service and he cannot be said to be a person aggrieved, if salary is paid to the respondent.6. In response, learned counsel for the appellant submitted that by paying salary to the respondent, right of the appellant would be prejudiced, as it would mean a vacancy, where he has been regularly appointed and even in the event of success of the writ petition, the appellant would not be entitled to get the benefit of such an order.7. In our opinion, presently the appellant cannot have any cause of action to challenge the order passed in the present writ petition, may be interim order or otherwise, as his right to continue on the post in question would stand reinforced only when the order of dismissal is set aside by the Court and whatever orders are passed in the writ petition.8. Needless to mention that in case the appellant succeeds in writ petition, any appointment subsequent made on the same very vacancy, either on temporary basis or on regular basis, would not confer any right upon such subsequent appointee to stop the incumbent from joining on the post, subject to whatever orders are passed by the Court.9. Needless to mention that in case the appellant succeeds in writ petition, any appointment subsequent made on the same very vacancy, either on temporary basis or on regular basis, would not confer any right upon such subsequent appointee to stop the incumbent from joining on the post, subject to whatever orders are passed by the Court.9. Smt. Sangeeta Chandra for the State, however, submitted that appointment of the respondent having been made in violation of Section 16(1) of the Act, is void, as according to the own case of the respondent, it was a substantive vacancy, which had occurred because of retirement of permanent incumbent on 30.6.2000 and, therefore, in terms of the ratio of the judgements in the case of Rakesh Chandra Misra reported in 2004(2)) LCD 1604 Allahabad and Daya Shanker Misra v. State of U.P. and others (Civil Misc. Writ Petition No. 20843 of 2002 decided on 31.3.2010), no ad hoc appointment could be made and if made, it is void.10. Learned counsel for the respondent, in response, submitted that it is a case where appointment has been protected under the law propounded by the two aforesaid judgements, which have been taken note of, by the learned Single Judge, therefore, it cannot be said that the appointment is void.11. We do not intend to enter into this controversy, for the reason that the appeal preferred by the appellant cannot be entertained, as he is not in service at the moment and his order of dismissal from service is under challenge.12. It is for the State, if it feels aggrieved, and is of the view that the respondent is not entitled for the payment of salary, to move an application for vacation of the interim order before the learned Single Judge, or to challenge the order by filing special appeal.13. The special appeal is disposed of accordingly._____________