COMMISSIONER/PRINCIPAL SECRETARY Vs. YUMNAM SUDHIR SINGH

JUDGEMENT

(1.) THIS is an appeal under Rule 2 of Chapter V -A of the Gauhati High Court Rules, filed by the State (respondent of Writ Petition (C) No.606 of 1999).

(2.) THE learned single Judge proceeded to allow the writ petition filed by the respondents herein basing its reasoning and conclusion on earlier decision of the Division Bench dated 29.07.2005 passed in WA No.61 of 1999 and batch, and set aside the order dated 17.02.1998 by which all ad -hoc/temporary/regular appointments of employees were cancelled and which was impugned by the writ petitioners in the said Writ Petition (C) No.606 of 1999. Operative part of the impugned order read as under:

(3.) IN our opinion, this appeal therefore deserves to be allowed and impugned judgment is liable to be set aside. It is for the simple reason that the basis on which the impugned order was passed itself is no longer now subsisting; it having been set aside by the Supreme Court in the aforementioned Civil Appeal of State of Manipur & Ors Vs Y.Token Singh & Ors (supra). In other words, the learned single Judge while passing the impugned order in favour of the writ petitioners (respondents herein) had placed heavy reliance upon the decision of the Division Bench of this Court dated 29.07.2005 passed in WA 61/1999 and the said decision having been set aside by the Supreme Court in Civil Appeal State of Manipur & Ors Vs Y.Token Singh & Ors (supra), the impugned judgment has to be set aside, and it also no longer now survives.