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1993 (11) TMI 249

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....pecial appeal under rules of the Court upholding the order dated January 11, 1992 passed by the learned Single Judge dismissing Writ Petition No. 24200 of 1988 as not pressed. 3. The writ petition was filed for a direction to the State Road Transport Corporation to absorb the appellants as conductors as they were placed in a select list prepared by a duly constituted Selection Committee. The grie....

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....ation for impleadment and when the petition came up for final hearing on January 22, 1992 the learned Counsel, without any instruction, presumably, because the petitioners had been absorbed made a statement which resulted in dismissal of the writ petition. The order is extracted below: Learned counsel does not want to press this petition. In view of the Court's order dated May 4, 1990 this p....

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....ppellants filed the appeal in this Court. 5. We have heard learned Counsel for parties. We do not propose to enter into merits of the matter as we are satisfied that the case shall have to be sent back to the High Court for deciding it in accordance with law, But we consider it necessary to observe that the piquant situation arose because of the order dated May 4, 1990 passed by the High Court. A....

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....counsel could not be blamed for making a statement that the petition may be dismissed. At the same time once the petition was dismissed without any adjudication on merits the effect of dismissal was that interim order stood merged in the final order and the order of absorption stood nullified. This anomalous situation was brought into effect as a result of the interim order granted by the High Cou....