STATE OF U.P. Vs. ASHOK KUMAR NIGAM

JUDGEMENT

(1.) Leave granted in all the Special Leave Petitions.

(2.) These appeals are directed against the judgment of the High Court of Judicature at Allahabad, Lucknow Bench. Though dated differently, the questions of law involved in all these appeals are identical based upon somewhat similar facts. SLP(C) No. 35569 of 2010 was filed against the order dated 24th September, 2008, SLP(C) No. 35568 of 2010 was filed against the order dated 29th September, 2008, SLP(C) No. 35565 of 2010 was filed against the order dated 14th September, 2009, SLP(C) No. 35566 of 2010 against the order dated 18th September, 2010, SLP(C) No. 35279 of 2009, SLP(C) No. 24562 of 2010, SLP(C) No. 24564 of 2010 and SLP(C) No. 35567 of 2010 against the order dated 14th October, 2009, SLP(C) No. 12993 of 2010, SLP(C) No. 24563 of 2010 and SLP(C) No. 35561 of 2010 against the order dated 16th November, 2009, SLP(C) No. 11261 of 2010 against the order dated 21st January, 2010, SLP(C) No. 35562 of 2010 against the order dated 9th April, 2010, SLP(C) No. 9156 of 2011 against the order dated 19th January, 2011, SLP(C) No. 20918 of 2011 and SLP(C) No. 13788 of 2011 against the order dated 28th April, 2011, SLP(C) No. 20917 of 2011 against the order dated 29th April, 2011 and SLP(C) No. 18407 of 2011 against the order dated 26th April, 2011.

(3.) We have taken the case of Ashok Kumar Nigam i.e. Civil Appeal @ SLP(C) No. 35279 of 2009 as the lead case. Before we proceed to notice the facts giving rise to the present appeal in that case, it is necessary for us to notice that SLP (Civil) No. 9156 of 2011 has been directed against an interim order passed by the Division Bench of that High Court in Miscellaneous Bench No. 523 of 2003 titled "Pramod Sharma v. State of Uttar Pradesh". The interim order dated 19.1.2011 had directed that no regular appointment shall be made on the post Government Advocate in place of the appellant. Vide its judgment dated 10th February, 2011, the Division Bench of the High Court finally disposed of the interim application by staying the operation of the orders dated 24th December, 2010 and 28th December, 2010 passed by the respondents. It further directed that the appellant be allowed to continue as the District Government Counsel (Criminal) subject to any decision being taken afresh in accordance with the directive issued by the judgment of that Court passed in Writ Petition No.10038(MB) of 2009. In other words, the interim order had merged into the order of the High Court dated 10th February, 2011 against which as of now, no petition has been filed. Thus, the special leave petition No. 9156 of 2011 has been rendered infructuous and is accordingly dismissed as such.