UMA BANSAL Vs. NUZHAT HASSAN

JUDGEMENT

(1.) In this petition, the petitioner has alleged violation of order dated 1st September, 2008 passed by this court in W.P. (C) No.1829 of 2008. Operative part of the order reads as under :-

(2.) It is not disputed that an LPA was preferred by the respondent against order in W.P. (C) No.1829 of 2008 before the Division Bench and vide order dated 13th April, 2009, counsel for both the parties submitted that leaving the question of law open, the appellant be allowed to carry out recruitment. The court also observed that post vacated by Smt. Sushma Sonak shall be filled by direct recruitment and the post which had fallen vacant subsequently shall go to quota of promotees against which the respondent (petitioner herein) shall be considered. The court observed that leaving the question of law open, the appeal was being disposed of in these terms. The Division Bench further gave direction that along with direct recruitment, immediate steps shall be taken for filling up post under promotion quota.

(3.) It seems another application was made before the Division Bench and on 7 th July, 2009. The Division Bench again ordered that till next date of hearing, appellant shall not go ahead with direct recruitment for post vacated by Smt. Sushma Sonak. On 28th July, 2007, Division Bench, on a statement from the appellant (respondent herein) recalled the order dated 13th April, 2009 and appeal was placed for admission on 4th August, 2009. On 20th August, 2009, the appeal was admitted and the Division Bench passed following order :-