The result of the impugned order is that the services of the petitioner who was appointed as the temporary Collection Peon stood terminated, notwithstanding, the subsequent promotion earned by him on the post of Collection Amin on the strength of his continued working under the interim order passed by the High Court.
Special Appeal No.740 of 1999 and obtained an interim order on 19.08.1999 staying the operation of the order of termination of his services.
Consequent to the dismissal of the Special Appeal, a detailed order was passed by the Sub-Divisional Magistrate, Bharthana, on 01.03.2011 notifying that as the services of the petitioner had been terminated and the said order has attained finality with the dismissal of the Special Appeal, consequently the promotion of the petitioner was meaningless. The said Writ Petition was allowed by the learned Single Judge vide judgment and order dated 31.10.2012 observing that the promotion granted to the petitioner was not hedged by any condition, therefore, once the petitioner had been promoted from the temporary post of Collection Peon to the post of Collection Amin, his services were not liable to be treated as determined.
The court further observed that once the services of the petitioner stood terminated on 30.11.1998 and the Writ Petition challenging the same had been dismissed as also the Special Appeal thereof, the petitioner went out of service and the very continuance of service of the petitioner on the strength of interim order which merged in the final order of dismissal of Special Appeal, lost all significance.
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Defending the impugned order, Shri Tanmaya Agarwal, learned counsel for the respondents had submitted that once the very foundation on which the petitioner was working had gone, his continuance in service and consequential promotion is of no effect.
Therefore, any promotion given to the petitioner consequent to his continuance in service on the strength of the interim order would automatically fall to the ground once the Special Leave Petition is dismissed and the termination order attains finality.
OKA)
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Case Title: JAGPAL SINGH Vs. THE STATE OF UTTAR PRADESH
Case Number: SLP(C) No.-031526 / 2017
