1993 (11) TMI 249

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of the Allahabad High Court in a special 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 const....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....llants did not inform nor he filed any application 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 vi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cally, become null and void. Faced with this situation the appellants 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 b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t to comply with the order. And once they were absorbed then the 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 int....