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2014 Supreme(All) 2465

D. Y. CHANDRACHUD, P. K. S. BAGHEL
Awnindra Nath – Appellant
Versus
District Inspector of School Jaunpur – Respondent


Advocates Appeared:
For the Petitioner: M.K. Tripathi, Ashok Khare.
For the Respondent: C.S.C.

JUDGMENT

Pradeep Kumar Singh Baghel, J.

A petition had been filed by the appellant in 1992 challenging an order passed by the District Inspector of Schools, Jaunpur on 1 July 1992 discontinuing his engagement as an ad hoc employee.

2. It appears from the records that on 14 July 1992, a learned Single Judge had, by an interim direction, stayed the operation of the order dated 1 July 1992 and directed that the appellant shall continue on the post and will obtain salary in accordance with law till further orders of the Court or until a regularly selected candidate joins the post.

3. The petition was dismissed for non prosecution on 15 July 2014. The appellant filed an application for recall of the order dated 15 July 2014 on 7 August 2014, stating that when the petition was called out, his Advocate, who was suffering from fever was consulting a Doctor in the clinic situated in the High Court Campus and that in the meantime, the matter was dismissed for want of prosecution. When the recall application came up before the learned Single Judge, it was dismissed by the impugned order dated 4 September 2014. The learned Single Judge passed the following order:

“Heard learned counsel for the pet





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