Court No. - 34
Case :- WRIT - A No. - 71262 of 2005 Petitioner :- Mithlesh Kumar And Others Respondent :- State Of U.P. And Others Counsel for Petitioner :- Om Prakash Singh Counsel for Respondent :- C.S.C.,Gopal Chandra Saxena
Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared on behalf of petitioners. Learned Standing Counsel as well as Sri G.C. Saxena, Advocate are present for respondents.
2. Sri G.C. Saxena, Advocate stated that issue raised in this writ petition is covered by this Court's judgment in Ajit Raizada & Others vs. State of U.P. and others, 2011(6) ADJ 511 which has been approved by a Division Bench in Writ Petition No. 61193 of 2007 (Javed Akhtar vs. State Public Service Tribunal and others), decided on 06.01.2012, where in para 12, Court said as under:
“12. We find that this issue had also cropped up before the learned Single Judge of this Court in Civil Misc. Writ Petition No.23649 of 2008, Ajit Raizada and others v. State of U.P. and others reported in 2011 (6) ADJ 511 wherein this Court having considered the entire legislative history of 1967 Rules and 1991 Rules and the Government Orders connected therewith had rightly held that such persons cannot claim any right of absorption in the teeth of the constitutional scheme. We are in full agreement with the view taken by the learned Single Judge in the aforesaid writ petition.”
3. In fact, in intra-Court appeal filed against judgment in Ajit Raizada (supra), Division Bench dismissed Special Appeal Defective No. 974 of 2011 (Ajit Raizada and others vs. State of U.P. and others) vide judgment dated 07.09.2016.
4. In view of above and for the reasons stated in this Court's judgment in Ajit Raizada (supra), this writ petition is dismissed. Interim order, if any, stands vacated.
Order Date :- 14.9.2018 AK