The Jammu and Kashmir and Ladakh High Court recently comprising of a bench of Justice Javed Iqbal Wani reiterated that upon the restoration of a writ petition that had been dismissed in default, all orders issued would be automatically revived and restored to their original position. (Mafooza Bano Vs State of J&K & Ors.)
Facts of the case
The applicant herein filed SWP before this Court challenging the order of her disengagement dated 13.07.2013 and re-engagement of the private respondent namely Rubeena Begum. This Court while considering the writ petition at its threshold passed an interim order on 13.09.2013 while staying the impugned disengagement order issued against the petitioner also directed the continuation of the petitioner as Anganwari helper till further orders disposing of the application for interim relief.
It was revealed that the writ petition of the petitioner applicant herein got dismissed in default on 11.04.2018 and subsequently restored on 29.06.2022 to its original number and during the intervening period, the respondents/non-applicants seem to have issued order dated 10.07.2018, stay of which was being sought in the instant application, whereunder the private respondent/non-applicant above named has been allowed to perform duties as Anganwari helper.
Courts Observation and Judgment
The bench at the very outset observed, "As emerged from the record it is not in dispute that this Court while considering the writ petition of the petitioner passed the interim order (supra) staying the disengagement order of the petitioner-applicant herein inasmuch as also directed her continuation as Anganwari helper till further orders. The said order in essence has been a final order, in that, the application for interim relief in terms of the said order stands disposed of. The said order having assumed finality upon disposal of the application for interim relief as also in view of the fact that the same has not been either thrown challenge to or else set aside in any proceedings."
The bench further observed, "It is also not in dispute that writ petition of the petitioner got dismissed on the aforesaid date and it is also an admitted fact that the said writ petition got restored on 29.06.2022 to its original number and as a corollary of the restoration of writ petition to its original number all orders passed would automatically get revived and restored to the original position. The respondents/non-applicants seemingly have over looked this fundamental aspect and misdirected themselves while issuing order dated 10.07.2018 providing wrongly therein that the said order is issued pursuant to directions passed by the Court."
The bench staying the order observed, "The said order patently has been issued on misappreciation of facts and in breach of the order dated 13.09.2013 passed by this Court. The fallout of the issuance of the order dated 10.07.2018 by the non-applicant respondents would be rendering the petition of the petitioner infructuous leaving nothing to be adjudicated upon by the Court upon restoration of the petition of the petitioner.
In the aforesaid background, there seems to be substance in the instant application carving out a case for indulgence as also an interim relief in favour of the applicant.
In the meanwhile, subject to objection and till next date, the operation of impugned order dated 10.07.2018 shall stay, which shall mean that the petitioner shall continue to work as Anganwari helper under and in terms of order passed by this Court on 13.09.2013. List along with main. Modification, alteration, vacation on motion. At this stage, Mr. Sheikh Feroz, Dy. AG, appearing counsel for the official respondents/non-applicants would submit that the petitioner applicant is continuing and has not been replaced. His statement is taken on record."
Read Judgment @Latestlaws.com:
Picture Source :
