Court No. - 10
Case :- SPECIAL APPEAL No. - 529 of 2018 Appellant :- Sanjai Kumar Upadhyaya Respondent :- Dios Deoria And Another Counsel for Appellant :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
This Special Appeal has been filed against the judgment and order dated 17 May 2018 of a learned Judge of this Court by which Writ-A No. 894 of 2002 that had been filed for not only quashing the order dated 20 December 2001 passed by the District Inspector of Schools, Deoria but also for a direction upon the respondents to pay arrears of salary and future salary to the petitioner as and when it falls due, has been dismissed.
It is submitted that by learned counsel for the appellant that the counsel for the petitioner could not appear before the learned Judge as the name of counsel for the petitioner was not printed in the cause list. It is also submitted that cause of action still survives but as the matter has been decided on merits, a recall application cannot be filed.
In the absence of counsel for the petitioner, the learned Judge has, after reading the pleadings, found that the petitioner has not been able to make out a case for the Court to interfere. The learned Judge has also observed that the matter may have been rendered infructuous as counsel for the petitioner has not appeared. It was not possible for the learned counsel for the petitioner to have appeared before the Court as his name was not printed in the cause list.
We, therefore, in the facts and circumstances of the case, set aside the judgment and order dated 17 May 2018 and restore the writ petition to its original number.
When the writ petition is listed, the name of counsel for the petitioner shall be shown in the cause list.
The Special Appeal is allowed.
Order Date :- 29.5.2018 sfa/