BAHADUR SINGH NARODA AND ORS.versusSTATE OF M.P. ORS.
- Citation
- 1995 INSC 856
- Decided
- 7 December 1995
- Disposal
- Dismissed
Holding
Since the regularly selected candidates have already been appointed and taken charge, the limited relief for continuance cannot be granted.
Summary
The appellants, who were holding certain posts, filed an appeal against a decision of the Madhya Pradesh State Administrative Tribunal that ordered them to be continued in their positions until regularly selected candidates were appointed and took charge. The State filed a counter‑affidavit stating that the regular candidates had already been appointed and had assumed office. The court examined whether the limited relief sought—continuance of the appellants—could still be granted after the regular appointments were completed. Relying on the factual annexure showing the dates of assumption of charge, the court held that since the regular candidates were already in post, the purpose of the notice was no longer relevant. Consequently, the appeal was dismissed and no relief was granted.
Issues considered
- Whether the appellants can be continued in their posts until the regularly selected candidates are appointed and take charge
- Whether the limited relief sought can be granted after the regular candidates have already assumed office
Subjects
Judgment
A BAHADUR SINGH NARODA AND ORS.
v.
STATE OF M.P. ORS.
DECEMBER 7, 1995
B [K. RAMASWAMY AND B.L. HANSARIA, JJ.]
Service Law:
Employees holding certain posts till the appointment of regularly
C selected candidates-Claim for continuance on the posts-Held, relief cannot
be granted since regularly selected candidates have been appointed and they
have taken charge.
The appellants filed the appeal against the judgment of the M.P.
State Administrative Tribunal. The respondent State filed a counter af.
D fidavit in response to the notice issued to it to show cause as to why the
appellants should not be continued till the regularly selected candidates
were appointed and took charge.
Dismissing the appeal, this Court
E HELD : Since the regularly selected candidates have already been
appointed and have taken charge, the limited relief for which notice was
issued cannot be granted. [315-A; BJ
CIVIL APPELLATE JURISDICTION : Civil appeal Nos. 11818-
p 11820 of 1995.
From the judgment and order dated 13.7.93 of M.P. Administrative -
Tribunal Bench Bhopal in T.A. No. 15/88 O.A. No. 575/88 and 0.A. No.
661/88.
G Ashok Kr. Singh for the Appellants.
Niraj Sharma and S.K. Agoihotri for the Respondents.
The following Order of the Court was delivered :
H Leave granted.
314
BAHADURSINGHNARODA v. STATE 315
1 After .notice was issued confining to the question as to "why the .A
' petitioners may not be continued till the regularly selected candidates are
appointed and taken charge", counter-affidavit has been filed by one c:L.
Khanna, Deputy D.S.E. in the office of the Joint Director, Public Instruc-
tions, Bhopal Division, Bhopal (M.P.). It is stated therein that the regularly
selected candidates have already been appointed and taken charge, vide
Annexure R. In that Annexure, the respective dates on which the selected
B
candidates have taken charge have been given.
Under these circumstances, the limited relief for which notice was
issued cannot be granted. The appeals are dismissed.
R.P. Appeals dismissed.
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