JAGPAL SINGH Vs. DISTRICT MAGISTRATE ETAWAH

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Standing Counsel.

(2.) By an order dated 25th February, 2011, the service of the petitioner as a Collection Amin has been dismissed on the ground that the petitioner's Special Appeal has been dismissed. The petitioner, being aggrieved by the said order, has filed the present writ petition.

(3.) The promotion of the petitioner from the post of temporary Collection Peon to the post of Collection Amin was not subject to the result of the Special Appeal. The promotion to the post of Collection Amin was made under the relevant Rules by the Selection Committee on the basis of the vacancies available on the post of Collection Amin and on the basis of the work which he was performing. The fact that the petitioner got promoted was not hedged by any condition, namely, that his promotion would be subject to the result of the Special Appeal. In the absence of any condition, the submission made by the learned counsel for the petitioner before the Special Appellate Court was rightly accepted and Special Appeal having become infructuous was rightly dismissed as withdrawn. The respondents cannot take advantage of that situation and dismiss the services of the petitioner on that score.