Item No.8
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
I.A.No.1 of 2021
In/And
W.A.No.529 of 2018
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellants have filed I.A.No.1 of 2021 stating inter alia
that the writ appeal be allowed and the impugned order dated
06.06.2017, passed by the learned Single Judge in W.P.No.7717 of
2011, be set aside.
2. It is stated in the affidavit that the respondent No.1 has not been
engaged by the appellants even on an hourly basis from 08.04.2018 and therefore, he is not entitled for any relief.
3. Mr. Harender Pershad, learned Special Government Pleader appearing for the appellants submits that the writ petition filed by the respondent No.1 was allowed on 06.06.2017, by following the judgment dated 30.03.2017 passed in W.P.No.27211 of 2014. As on that date, the appellants had not preferred any appeal against the order passed in the captioned writ petition. Subsequently, the appellants had preferred W.A.No.823 of 2017 being aggrieved by the order dated 30.03.2017 passed in W.P.No.27211 of 2014 which was disposed of on 29.06.2017 setting aside the order dated 30.03.2017 passed in W.P.No.27211 of 2014 and remanding the matter back to the learned Single Judge for fresh consideration. Learned counsel states that the W.A.No.529 of 2018 Page 1 of 2 captioned writ petition is pending along with similar other petitions before the learned Single Judge and it would be appropriate if the impugned order is quashed and set aside and the writ petition filed by the respondent No.1 is also tagged along with the writ petitions pending before the learned Single Judge on the same issue.
4. Learned counsel for the respondent No.1 states that he has no objection to the aforesaid suggestion.
5. In view of the joint submission made by learned counsel for the parties, the impugned order dated 06.06.2017 passed in W.P.No.7177 of 2011, following the order dated 30.03.2017 passed in W.P.No.27211 of 2014 which has subsequently been set aside, is quashed and set aside. W.P.No.7177 of 2011 is restored to its original file to be listed along with W.P.No.27211 of 2014 and other connected matters before the learned Single Judge on 29.07.2021 for appropriate orders. Registry is directed to tag all the connected matters for being listed before the learned Single Judge on the said date.
6. The present appeal as also I.A.No.1 of 2021 are accordingly disposed of along with the pending applications, if any.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 15.04.2021 JSU W.A.No.529 of 2018 Page 2 of 2