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Smt. Malti Devi v. State Of U.P. & Others - SPECIAL APPEAL DEFECTIVE No. 253 of 2006 [2006] RD-AH 8536 (27 April 2006)


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Chief Justice's Court

Special Appeal No. 253 of 2006

Smt. Malti Devi vs. State of Uttar Pradesh and others

Hon'ble Ajoy Nath Ray,CJ

Hon'ble Ashok Bhushan,J

We are in respectful agreement with the reasoning given and the orders passed by Hon'ble Mr. Justice Vineet Saran both on 1.4.2004 when the main order was passed and on 21.9.2005 when the review application was dismissed.

The writ petitioner seeks to upset the appointment of the private respondent who was appointed as early as on the 1st July, 1985.

The writ petition itself was filed five years late i.e. in 1990.

In the Court below the only prayer pressed was about unpaid salary in 1985 for some period and the review application was moved through a different counsel than one who had appeared on 1.4.2004. This was not approved of by the Hon'ble Single Judge and we agree.

At the time of appointment in July, 1985, the management needed no approval for appointing a class IV employee. The appellant alleges that the private respondent was the Manger's servant and the State alleges that the short term vacancy on which the appellant worked was created by the absence of the appellant's own mother-in-law.

The salary has not been allowed on the basis of lack of approval. The question of regularization of the appellant does not arise as she had come in only on the short term vacancy without any right in her favour. It is also impossible to upset the private respondent after she has worked for so long, after an appointment which is in no manner irregular. The appeal is dismissed.

Dated: 27.4.2006



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