Service Law – Temporary Post – Termination – Continuation in service on strength of interim order – Promotion – Appeal against High Court Division bench order reversing single judge order of providing relief to employee – Held: Petitioner was appointed simply as a temporary Collection Peon and his services were determined simpliciter within three years. The said order, terminating the services of the petitioner, is final and conclusive. It has not been disturbed by any court of law. However, the petitioner continued to function as temporary Collection Peon on the strength of an interim order passed in Special Appeal which was ultimately dismissed. Therefore, any promotion given to the petitioner consequent to his continuance in service on the strength of the interim order would automatically fall to the ground once the Special Leave Petition is dismissed and the termination order attains finality.
The Division Bench has rightly set aside the judgment and order of the learned Single Judge by which the writ petition was allowed in complete ignorance of the fact that the services of the petitioner stood determined long back and that the petitioner is not entitled to any benefit on the basis of his subsequent promotion which automatically falls with the termination attaining finality. (Para 11, 12)
SUPREME COURT OF INDIA
2023 STPL(Web) 217 SC
[2023 INSC 777]
Jagpal Singh Vs. State Of U.P. & Ors.
Special Leave Petition (C) No. 31526 of 2017-Decided on 29-8-2023
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