KRISHAN AVTAR Vs. OM PRAKASH GUPTA AND OTHERS

JUDGEMENT

(1.) This Letters Patent Appeal is directed against an order passed by a single Judge of this Court (Acting Chief Justice) on 3rd Dec., 1981.

(2.) Some facts which have given rise to this appeal may first be noticed. Respondent No. 3 herein, granted an extension in service to Respondent 1 for a period of six months from the date of his superannuation. The appellant claiming to be first in the queue of promotion to the post which Respondent No. 1 had been holding; challenged the grant of extension before respondent No. 2, who stayed the operation of the order of respondent No. 3. Aggrieved, by the order of respondent No. 2 staying the operation of the order granting extension, respondent No. 1 filed Writ Petition No. 625 of 1981 along with an application seeking stay of the operation of the order of respondent No. 2. On 5-11-81 Kotwal J. issued a notice to the respondent to show cause why the petition be not admitted. Notice was also issued in the stay matter. Objections to the admission of the petition were filed by the appellant and respondents 3 and 4 herein. In the objections it was stated that respondent No. 1, had retired from service on 31-10-81, on superannuation, and had been relieved from duty and his charge had been taken over by Shri Bansi Lal with effect from 1-11-81 F.N. On 3rd Dec. 1981 the Acting Chief Justice admitted the writ petition to hearing and made the following order :

(3.) It is against this order that the appellant is aggrieved and has filed this Letters Patent Appeal.