CONTROLLER WEIGHTS Vs. MAQBOOL AHMAD

JUDGEMENT

(1.) WRIT petitioner (respondent No. 1 herein) claiming to man the post of a Watchman, sought the indulgence of the writ Court buy medium of SWP No. 419/2003 to command the State and its functionaries to continue him on the said post and to release salary in his favour for the period commencing from April, 2001 and onwards on the strength of the order of appointment which reads:

(2.) WRIT petition came up consideration before the Court on 24 -03 -2003 and the following order was passed which may be noticed:

(3.) HERE begins another phase of litigation through subsequent writ petition filed in quick succession accompanied by a motion for interim relief which was granted on 03 -03 -2004 having the effect of allowing the petitioner to continue and entitling him to the salary attached to the post. It is this direction which is impugned by medium of this Letters Patent Appeal but amazingly the appellants counsel opted for oblivion. Same is true of the counsel for the respondent No. 1 leaving no option for us but to decide the matter without assistance of the learned counsel for the parties. It needs a mention here that in the withdrawal application the writ petitioner had sought liberty to challenge the order of disengagement but no such relief is claimed as is evidence by the prayer made in the second writ petition which runs as under: - -