IMTIAZ HUSSAIN Vs. STATE

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order and judgment dated . 19.4.2010 passed by the learned single Judge in SWP No. 2156/2006, whereby the writ petition filed by the Appellant came to be dismissed, on the grounds taken in the memo of appeal (hereinafter, for short, impugned judgment).

(2.) Appellant-writ Petitioner was engaged as a Rehbar-e-Taleem Teacher in Primary School Check Post Desa Road (Akarmabad) vide engagement Order No. ZEOD/D2311-2441 dated 9.2.2004 in terms of advertisement notice contained in annexure 'K' to the writ petition, came to be questioned by one Zakir Hussain by the medium of SWP No. 1165/2005 in which the Appellant-writ Petitioner was figuring as Respondent No. 5. Official Respondents have taken a stand in the said writ petition that the engagement of present Appellant Imtiaz Hussain came to be terminated on the ground that he obtained engagement order on wrong facts, which on inquiry found to be not correct and, accordingly, he was terminated from service. On noticing the stand of writ Respondents, the writ court vide order dated 8.12.2006 allowed the writ petition on the terms and conditions contained in the said judgment. It appears that the said judgment has not been questioned by any of the parties and has attained finality.

(3.) Appellant-writ Petitioner questioned the termination order by the medium of SWP No. 2156/2006 on the grounds taken in the memo of writ petition.