RAMESHWAR PRASAD SHUKLA Vs. DISTRICT INSPECTOR OF SCHOOL

JUDGEMENT

(1.) This intra-Court has been preferred against the judgment and order dated 16.12.2011 passed by the learned Single Judge in Writ Petition No. 18190 of 1987 by which the appellant's appointment was found contrary to the provisions of law and the writ petition was dismissed. Heard learned counsel for the appellant and also perused the order of the learned Single Judge impugned in this appeal.

(2.) We are of the view that the order of the learned Single Judge does not suffer from any error and, therefore, we have no reason to disagree with the view taken by him. The law in this regard is well settled. The Hon'ble Supreme Court in State of Rajasthan v. Hitendra Kumar Bhatt, 1997 6 SCC 574, has already held that an interim order passed in a pending proceeding merges into final order and, therefore, even if on the strength of the interim order passed in the writ petition, the appellant continued in service, that does not confer any right to claim continuance in service on the ground that a sympathetic view ought to have been taken since the appellant continued for a long period under the interim order of this Court.

(3.) It is well settled that justice has to be dispensed in accordance with law and equity and sympathy shall have no place or overriding effect over the statutory provisions. The Apex Court in the case of Life Insurance Corporation of India v. Asha Ramchandra Ambedkar (Mrs.) and another, 1994 2 SCC 718, has held as under: