Neutral Citation No. - 2025:AHC-LKO:43587-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 234 of 2025 Appellant :- Chief Information Commissioner Lko. And 2 Others Respondent :- Jaya Sharma And 4 Others Counsel for Appellant :- Shikhar Anand Counsel for Respondent :- Brijesh Kumar Mishra,C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the parties. Under challenge is the interlocutory order passed by the writ court whereby an interim protection has been granted to the respondents no.1 to 3 by the writ court. The appellants have been granted four weeks time to file counter affidavit which has yet not been filed. The present intra-court appeal has come to be instituted solely on the premise that the writ court has proceeded to grant final order in the garb of an interlocutory order. We have carefully gone through the order passed by the writ court. It is worthy to point out that by virtue of Section 16 of the Right to Information Act,2005, it is the obligation of the State Government to make the requisite staff available to ensure smooth functioning of State Information Commission. The existence of posts sanctioned by the State at the initial stage is not in dispute. The appointments were made temporarily or on contract basis in the year 2007-2008. The present is a case of contractual employment serving since last about 17-18 years. The state despite under an obligation to frame service rules under Section 27 of the Right to Information Act has failed to perform his duty as well. It is submitted by learned counsel for the State Information Commission that necessary proposal for framing of the rules with respect to the existing employees has already been forwarded to the state government but rules are yet to be framed. In these circumstances altering the status of the contractual employees and hiring his services through outsourcing has rightly been interfered with by the writ court as an interim measure. We do not see that the writ court has committed any error of law in granting the interim protection. We however desist from making any observation on the merits of the case, leaving it open to the writ court to decide the writ petition on its on merit. Let a counter affidavit to writ petition be filed within four weeks to which rejoinder affidavit, if any, may be filed within two weeks thereafter. List the writ petition after six weeks. We also request the writ court to decide the matter at the earliest. The intra-court appeal is accordingly disposed of. (Shree Prakash Singh,J.) (Attau Rahman Masoodi,J.) Order Date :- 29.7.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench