KRISHAN AVTAR Vs. OM PRAKASH

JUDGEMENT

(1.) This Letters Patent Appeal is directed against an order passed by a Single Judge of this court (Acting Chief Justice) on 3rd December 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 No. 1 for a period of six months from the date of his superannuation. The appellant claiming to be first in the que 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 Bans! Lai with effect from 1-11-81 F. N. On 3rd December, 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.