State Of U.P.Through ... vs Badri Nath Dixit
2014 Latest Caselaw 6582 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

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Court No. - 24
 

 
Case :- SPECIAL APPEAL No. - 55 of 2003
 

 
Appellant :- State Of U.P.Through Secy.Technical Education
 
Respondent :- Badri Nath Dixit
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- S.S.Chauhan,D.K.S. Chauhan,Sandeep Dixit
 

 
Hon'ble Rajiv Sharma,J.

Hon'ble Mahendra Dayal,J.

Heard learned counsel for the parties.

This special appeal arises out of the judgment and order dated 29.10.2002 passed in Writ Petition No. 4857 (SS) of 1998, whereby learned Single Judge allowed the writ petition inter alia on the grounds that respondent no.1/petitioner was validly appointed and since he has been continuing on his post from the date of his joining.

Counsel for the appellants submits that while adjudicating and passing the impugned judgment and order dated 29.10.2002, learned Single Judge has not considered the submissions advanced on behalf the appellants.

On perusal of the impugned order, it reflects that while passing the impugned order, learned Single Judge noted down the submission made on behalf of the appellants. Even otherwise, if the submissions or any arguments had not been dealt with by the Court concerned, it is open for the parties to approach appropriate Court.

Considering the peculiar facts and circumstances of the case, we are of the view that there is no illegality and infirmity in the impugned order passed by the learned Single Judge.

The special appeal is dismissed.

Order Date :- 17.9.2014

Muk