Special Appeal dismissed as the appellant's appointment was irregular and his petition filed after a decade of unexplained absence was barred by delay and laches.
The Special Appeal was dismissed with no merits found in the present appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Chief Justice's Court Serial No.9
HIGH COURT OF JUDICATURE AT ALLAHABAD
*******
SPECIAL APPEAL No. - 139 of 2022 (Arising out of Writ-A No.11724 of 2020)
Murtaja Ahmad
.....Appellant
Through :- Mr. Dinesh Kumar Maurya, Advocate
v/s
State of U.P. and others
.....Respondents
Through :- Mr. A.P. Paul, State Law Officer for respondent Nos. 1 to 3
CORAM : HON'BLE RAJESH BINDAL, CHIEF JUSTICE HON'BLE PIYUSH AGRAWAL, JUDGE
ORDER
2 SPLA No. 139 of 2022
writ petition. The argument that the appellant was not appointed on contractual basis, is also to be noticed and rejected, for the reason that the order, by which the appellant was appointed, itself shows that it was under the scheme of the Government. Even the honorarium was to be paid in two half yearly installments. It is not a case where appointment was made after issuing advertisement, giving opportunity to the prospective candidates to apply. Hence, the same cannot be said to be regular appointment.
(Piyush Agrawal, J.) (Rajesh Bindal, C.J.)
Allahabad 04.03.2022 AHA/Rakesh
Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No
2 issues framed by the court
Whether the appellant is entitled to regularize his appointment despite long unexplained absence from duty.
Whether the writ petition filed ten years after absence is barred by delay and laches.
Murtaja Ahmad
State of U.P.
Rajesh Bindal
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
