Court No. - 34
Case :- WRIT - A No. - 37459 of 1995 Petitioner :- Shri Chandra Vijay Singh & Another Respondent :- The Distt. Judge, Sidharth Nath & Another Counsel for Petitioner :- D.P. Singh,P.S.Pundir,S.K.Shukla Counsel for Respondent :- S.C.,B.B.Jauhari
Hon'ble Sudhir Agarwal,J.
1. Heard Sri P.S. Pundir, learned counsel for petitioners and learned Standing Counsel for State.
2. Petitioners have sought following reliefs :-
"(a) to issue a writ, order or direction in the nature of mandamus commanding the respondents to absorb and reinstate the petitioners against the existing 2 vacancies of Class-IV employees in the Judge-ship of Siddharth Nagar forthwith;
(b) to issue a writ, order or direction in the nature of mandamus commanding the respondents to pay salary regularly to the petitioners as and when falls due;
(c) to issue a writ, order or direction in the nature of mandamus commanding the respondents not to fill 2 class-IV vacancies out of 18 vacancies notified for the purposes of appointment by direct recruitment as per publication published in news-paper (Annexure-10 to the writ petition."
3. Record shows that petitioners along with some other persons by order dated 25.04.1995 passed by District Judge, Siddharth Nagar were terminated from service on the ground that their appointments were temporary.
4. Order of termination is not under challenge, hence, no relief, in absence of any order of termination, can be granted to petitioners by way of mandamus.
5. In view of above, writ petition is thoroughly misconceived and is accordingly dismissed with cost of Rs. 5000/-.
Order Date :- 26.4.2018 sailesh