TaxTMI 
TaxTMI 
2022 (9) TMI 1622
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....t. Also heard Mr. K.N. Nande, learned counsel, appearing for respondent No. 1 and Ms. Astha Shukla, learned Government Advocate, appearing for respondents No. 2, 4 & 5. 2. This writ appeal is directed against an order dated 21.07.2022 passed by the learned Single Judge in Writ Petition (S) No. 4422 of 2018, relegating the appellant/petitioner to avail alternative remedy, existence of which is not in dispute. 3. Pursuant to an advertisement dated 20.02.2017 for appointment of Aangan-Badi Karyakarta, the appellant as well as the respondent No. 1 had applied for the same in respect of Janpad Panchayat, Bhilaigarh and after a selection process, the appellant was appointed by an order dated 12.10.2017. 4. The respondent No. 1 herein had prefe....
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....r from the impugned order, as to whether the respondent No.1 also continued to receive salary, as Mr. Kesharwani submits that the petitioner had continued to receive payment of salary. 10. Mr. Kesharwani submits that the writ petition was admitted and therefore, after such admission, the learned Single Judge ought not to have relegated the petitioner to avail alternative remedy. In support of his contention, Mr. Kesharwani has placed before the Court a decision of the Hon'ble Supreme Court in the case of Durga Enterprises (P) Ltd. & Another v. Principal Secretary, Govt. of U.P. & Others, reported in (2004) 13 SCC 665. 11. Ms. Astha Shukla submits that there is no proposition in law that once a writ petition is admitted, the petitioner....
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.... 16. In Durga Enterprises (P) Ltd. (supra), the Hon'ble Supreme Court had observed that the High Court having entertained the writ petition, in which pleadings were also complete, ought to have decided the case on merits instead of relegating the parties to a civil suit. What cannot be lost sight of the fact is that the writ petition was pending for a long period of 13 years. The aforesaid case does not lay down as a proposition that invariably whenever a writ petition is admitted, it has to be heard on merit and the writ Court cannot exercise discretion to relegate the petitioner to avail alternative remedy. 17. In Uttar Pradesh Rajya Khanij Vikas Nigam Sangharsh Samiti (supra), it was observed by the Hon'ble Supreme Court that is....