Court No. - 6
Case :- WRIT - A No. - 13236 of 2018 Petitioner :- Pavan Singh Rawat Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manu Saxena Counsel for Respondent :- C.S.C.,Devendra Kumar
Hon'ble B. Amit Sthalekar,J.
Heard Shri Manu Saxena, learned counsel for the petitioner, learned Standing Counsel on behalf of respondents no. 1 to 3 and Shri Devendra Kumar, learned counsel on behalf of respondent no. 4.
In this petition, the petitioner is seeking quashing of the order dated 07.05.2018 for approval of appointment on contractual basis under the Government Order dated 04.07.2016. The claim of the petitioner has been rejected on the ground that there was an interim order dated 04.10.2016 passed in Writ Petition No. 25403 of 2016 (Asif Khan vs. State of U.P. & Others). It is stated that the said writ petition was tied up with the bunch of other cases and finally disposed of by this Court vide judgment and order dated 20.04.2017. Copy of the judgment has been filed as Annexure-9 to the writ petition. The submission is that when the writ petition has finally been decided, the question of any interim order surviving does not arise. This judgment of 20.04.2017 does not find any mention in the impugned order which means that the respondents have not examined the matter in its correct perspective.
Counsel for the respondents does not dispute the fact as stated by the learned counsel for the petitioner.
Learned Standing Counsel however, submits that a fresh decision is to be taken by the respondent no. 2 (Director local Bodies, U.P., Lucknow). The respondent no. 2 is, therefore, directed to re-examine the matter in light of the observations made herein above, within a period of three months from the date of production of certified copy of this order.
The writ petition is disposed of.
Order Date :- 30.5.2018 VR