1984 PLC(CS) 1261

The order, dated 3rd April, 1984 whereby the appellant was restrained from retiring the respondent from service till the decision of the grievance petition, has been challenged in this appeal.

2. Needless to say that unless three conditions are fulfilled, no stay order can be issued. One is that the party seeking stay order should have at least an arguable case. The second is that balance of convenience should be in his favour and the third is that by the refusal of the stay order, he is likely to suffer irreparable loss. The respondent may have an arguable case on merits but balance of convenience is not in his favour nor he is likely to suffer from any irreparable loss. If he is retired anti ultimately his grievance petition is. accepted, he can claim back benefits. He would get wages without rendering service. This is neither incon venience nor covers loss.

3. As a result, the appeal is accepted and setting aside the impugned order, the application for interim stay is dismissed.

A. E. Appeal accepted,