C VENKATIAH Vs. STATE OF MYSORE

JUDGEMENT

(1.) These are unnecessary interlocutory applications which would not have been filed but for the fact that there is some apprehension in the mind of Mr. Javali's clients that an order of dismissal made by this Court in the said two writ petitions as withdrawn is likely to be interpreted to their prejudice.

(2.) The question involved in the writ petitions was one of a right to promotion on the basis of certain rules or amendment to the rules. A certain order was made in favour of the petitioners. Thereupon, two persons filed writ petitions for recalling the previous order on the ground that the same has been made in their absence inspite of the fact that they were vitally interested in the question of promotion debated in the writ petitions. Their contention was accepted by this Court. The previous orders were recalled and the writ petitions revived for fresh hearing after impleading new parties. While doing so, the Court made an observation which is clarificatory in nature reading:

(3.) Subsequently, the petitioners in WP. Nos. 18 and 19 of 1967 filed a memo for withdrawing the same, whereupon the Court made the following order: