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1994 Supreme(Raj) 994

RAJASTHAN HIGH COURT
B.J.Shethna, J.
Shyam Lal Joshi - Appellant
Versus
Panchayat Samiti, Somerpur - Respondent
S.B. Civil Writ Petition No. 1493/85.
Decided On : 9-12-1994

Advocates:
For the Petitioner:Mr. R. S. Saluja, Advocate.
For the Respondent:M. R. Singhvi, Advocate.

A writ petition cannot be entertained if it is filed prematurely or has become infructuous due to subsequent events.

Headnote:

AMENDMENT OF WRIT PETITION - DELAY - REJECTION OF AMENDMENT APPLICATION - PRE-MATURE WRIT PETITION - REJECTION OF WRIT PETITION - RIGHT TO CHALLENGE TERMINATION ORDER BY FILING FRESH WRIT PETITION.

Fact of the Case:

Petitioner was appointed as L.D.C. in the respondent Panchayat Samiti on a temporary basis till the regular candidate is selected by the Commission. His services were extended from time to time. When his services were about to end, he filed a petition seeking to restrain the respondent from terminating his services. During the pendency of the petition, his services were terminated and then reinstated. Later, his services were again terminated. He filed an amendment application to bring on record the orders passed during the pendency of the petition. The amendment application was rejected.

Finding of the Court:

The amendment application was filed after a delay of 9 years. The petitioner had not taken any steps to challenge the termination order by way of a substantive writ petition. The petition was filed prematurely and had become infructuous due to subsequent events.

Issues: 1. Whether the amendment application should be allowed? 2. Whether the writ petition is maintainable?

Ratio Decidendi: 1. The amendment application was filed after a delay of 9 years. The petitioner had not taken any steps to challenge the termination order by way of a substantive writ petition. 2. The petition was filed prematurely and had become infructuous due to subsequent events.

Final Decision: The amendment application was rejected. The writ petition was dismissed.

JUDGMENT

1. - The petitioner was initially appointed as L.D.C. in the respondent Panchayat Samiti by a Resolution dated 16th July, 1984 (copy of the appointment order has not been produced on the record of this petition). His services were temporarily extended by an order dated 1.2.1985 till the regular candidate is selected by the Commission (Annex.1). By an order dated 15.4.1985, the Development Officer of the Panchayat Samiti referred the matter for further extension of the services of the petitioner as he had no power to extend the services of the petitioner for more than one year. By an order dated 16.7.1984 (Annex.3), his services were extended for further period of six months. As per that order, the services of the petitioner were coming to an end on 31st January, 1985. Therefore, for extending his services, a letter was addressed by the Panchayat Samiti to the Secretary of the District Establishment Committee (D.E.C.) and till then his services were extended on temporary basis. The Secretary of the D.C.C. by his letter dated 23rd July, 1985 informed the Development Officer of the Panchayat Samiti that it was not possible to extend the services of the petitioner from 31st July, 1985 onwards, and therefore, necessary procedure may be done in accordance with the rules. At that stage, the petitioner had rushed to this Court and filed this petition on 31st July, 1985, alongwith the stay application praying that the respondent-Panchayat Samiti be restrained from terminating the services of the petitioner and if his services have been terminated then the respondents be directed to take back the petitioner in service as if no such order was ever passed against him. On stay application filed on 31st July, 1985, the petitioner could not obtain any order in his favour. On 1.8.1985, rule was made returnable within a week in this petition. Somehow or other it was not heard till today. During the pendency of the petition, the Development Officer passed an order on 16.9.1985 and terminated the services of the petitioner with effect from that day. Within two days from that order that is on 18.9.1985, the Secretary of the D.E.C. informed the Development Officer to temporarily continue the services of the petitioner and accordingly, by an order dated 23.8.1985, the Development Officer revoked his earlier order dated 16.9.1985 and treated the services of the petitioner continue with effect from 1.8.1984. However, a decision was taken on 8.10.1985 by the Secretary of the D.E.C. not to extend the services of the petitioner under Rule 33(5) of the Rajasthan Panchayat Samiti and Zile Parishad Rules, 1959 and, therefore, by an order dated 15.10.1985 the services of the petitioner came to an end on payment of one month's advance salary to the petitioner. The aforesaid orders passed by the authorities were sought to be produced on record of this petition with a prayer that the same may be taken into consideration and the order of termination be declared void and it may be set aside. They were annexed alongwith an application dated 29.10.1985 as annexures 6 to 9. This is the unique way of bringing the documents on record. There is no amendment application amending the main petition with a prayer to bring the said documents at annexures 6 to 9 on record of the main petition. No orders are passed on that application so far. But, it appears from the record of this case that they were sought to be relied upon for the purpose of obtaining stay in a subsequent stay application filed by the petitioner before this Court on 29th October, 1985. No stay was granted in that application also.

2. A detailed reply was filed by the respondent to the main petition on 17.11.1985. On 7.2.1994, the main petition was sought to be amended by the petitioner by filing another application. In its paragraph No. 1, it has been stated that ''while this writ petition is pending some orders were made which have been placed on record as annexures 6, 7, 8 and 9 with the applica






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