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Chandan Singh v. Director, Rajya Krishi Utpadan Mandi Parishad & Others - WRIT - A No. 14612 of 2007 [2007] RD-AH 10121 (25 May 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Rakesh Sharma, J.

Heard Sri Anil Bhushan, learned counsel for the petitioner. Learned Standing  Counsel has put in his appearance on behalf of respondent No.1.

This writ petition was entertained on 9th June, 1989 and till date no counter affidavit has been filed. Looking to the facts of the case and subsequent developments which have taken place during the pendency of this litigation, this writ petition can be finally disposed of  today.

The matter is more than 17 years' old and no useful purpose shall be served in keeping the litigation alive.

It emerges from the record that by an order dated 5th May, 1989, the Regional Inspector of Schools, Agra Division had dealt with the dispute raised by the respondent No.4, Smt. Kamlesh Bisariya relating to seniority with other teachers of the institution and set at rest the controversy declaring Smt. Kamlesh Bisariya senior to Smt. Manju Saxena, the petitioner. The decision was taken that Smt. Manju Saxena was substantially appointed on C.T. Grade on 11th August, 1977 while Smt. Kamlesh Bisariya was substantially appointed in C.T. Grade on 18th November, 1976.

The implementation and operation of this order passed by the Regional Inspector of Schools, Agra dated 5th May, 1989 was stayed by the court on 9th June, 1989 while entertaining the writ petition. It appears from the record that the interim order is still operative and the impugned order was not implemented. Smt. Kamlesh Bisariya has since retired on 30th June, 2000 and naturally the petitioner has become senior and has attained the place in the seniority list as she desired while approaching this court in June, 1989. By efflux of time, this writ petition has lost its efficacy and the same has become infructuous.

Writ petition is dismissed as infructuous.




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