Jagdev vs State Of U.P. And 4 Others
2021 Latest Caselaw 786 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 22 of 2021
 

 
Appellant :- Jagdev
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Appellant :- Archana Srivastava,Pankaj Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

Order on Exemption Application

The application seeking exemption from filing certified copies of the judgment of the High Court is allowed.

The defect stands cured.

Let a regular number be given to this appeal.

Order on Memo of Appeal

The appeal has been preferred against the order dated 14.12.2020 whereby the learned Single Judge refused for interim order.

Learned counsel for the appellant has made reference of the Government Order to show that the petitioner-appellant was entitled for regularization, however in cursory manner, the candidature were considered and rejected. In doing so, fraud has been played by the officer, thus needs an enquiry. It is in the light of the Rules framed for regularization of employees and in any case, if the petitioner could not have been regularized, there was no reason to terminate him.

We have considered the submission made by the counsel and find that the issues raised herein needs consideration of merit of the case whereas the writ petition is still pending before the learned Single Judge.

The stay order has been denied by the learned Single Judge in the facts and circumstances of the case and otherwise an interim order of the nature granting final relief at the initial stage may have consequence and generally such order should not be passed.

Taking into consideration the aforesaid and the facts of the case, we are unable to allow the appeal to cause interference in the order dated 14.12.2020. However, the appeal is disposed of with a request to the learned Single Judge to decide the pending writ petition expeditiously. The respondents therein are directed to file counter affidavit and for that appropriate order would be passed by the learned Single Judge.

Order Date :- 12.1.2021

Ashish Pd.