A Writ Petition seeking regularization of services was dismissed for being infructuous and stale over 21 years without amendment, despite an interim order granting preference for appointment.
The writ petition was dismissed as it was deemed no longer viable due to the inordinate delay and failure to amend.
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O.J.C. No.7094 of 1998
Heard Shri Khuntia, learned counsel for the petitioner and Shri B.K. Nayak, learned counsel for the opposite party.
This Writ Petition involves the following prayer:
If the Opp. Party fails to show cause or gives insufficient cause Your Lordships be further pleased to:-
While entertaining this Writ Petition considering the gravity involving the case, this Court by its order dated 8.06.1998 as an interim measure directed the authority, if the question of appointment comes up, the petitioner shall be given preference in the matter of appointment even for temporary period and further his case shall also be considered alongwith other persons for appointment to the post in question.
Learned counsel for the petitioner submits that in the meantime, there have been several appointments but the petitioner’s case has not been considered as yet. For the subsequent cause of action arisen involving the issue, this Writ Petition becomes infructuous. In spite of appointment to the regular post having been made in the meantime and even assuming that the petitioner’s case
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has been neglected or rejected, but there is no amendment to the Writ Petition for over 21 years. In such view of the matter, this Court finds, there is no scope for entertaining the reliefs sought for in this Writ Petition.
Accordingly this Writ Petition dismissed accordingly.
…….………………… (Biswanath Rath, J.)
Ayas
1 issue framed by the court
Whether to convert a Writ Petition regarding service regularization into a quiescent petition due to its age and lack of amendment despite interim orders.
Petitioner
Opposite Party
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
