REGENT COMPUTRONICS PVT. LTD.

Girja Kishore Appellant

V/S

STATE OF U. P. Respondents

Referred Judgements :-

JUDGEMENT

(1.) The writ petition having been restored vide order of date passed on Restoration Application, as requested by learned counsels for parties, I proceed to decide this matter finally at this stage.

(2.) Heard Sri Shesh Kumar, learned counsel for the petitioner and learned Standing Counsel for the respondents.

(3.) This case is repetition of frequently visited litigation at the instance of illegal appointees, who are aspiring to get permanency/regularization on a post, which has been acquired and occupied by them, in a manner which is not consistent with the procedure for recruitment, and obviously continued on account of active support and collusion of appointing authority. A person, who entered a public office by committing breach of law with impunity, has come to this Court to obtain a seal of approval of his occupation so as to make it for all times to continue, without any intervention, and would confer a right upon him to such post in the garb of regularization or absorption etc. Another aspect of the argument advanced is that a person, even if entered service illegally, and, when competent authority, for whatever reason, intend to rectify his mistake by removing such illegal appointee, beneficiaries, come to this Court, obtain ex parte interim order and then continue to hold such post. After a long time, when the matter remained pending before this Court and interim order has continued, such person claim sympathy suggesting that his matter should be treated with a humane approach by conferring benefit initially given under the interim order, as a permanent one, even if on merits ultimately writ petitioner fails to make out any substantive case to succeed. In other words, an ex parte interim order having conferred benefit upon one of the party, should be constituted so as to cause a permanent loss to other side even if ultimately the writ petition fails.

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GIRJA KISHORE Vs. STATE OF U. P.

Referred Judgements :-

JUDGEMENT

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