KRISHNA KANT KATIYAR Vs. STATE OF U P
LAWS(ALL)-2014-1-117
HIGH COURT OF ALLAHABAD
Decided on January 22,2014

Krishna Kant Katiyar Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

SUDHIR AGARWAL, J. - (1.) THIS is an application seeking review of my order dated 23.7.2013 dismissing the writ petition on merits.
(2.) IT is contended that petitioner has continued in service pursuant to interim order dated 24.7.1996 during the pendency of this writ petition, but due to dismissal of writ petition, he is now being sought to be terminated which fact has not been noticed by this Court. He also said that since he has continued pursuant to interim order passed by this Court, Settlement Officer (Consolation) on 11.7.2002 also declared him permanent and this fact ought to have been considered by the Court. The submission is thoroughly misconceived. Once the petitioner has ceased to work and stood already terminated, whereagainst he came to this Court, his continuance pursuant to an interim order passed by this Court will not confer a new right upon him which he did not possess at the time of filing the writ petition, particularly, when the writ petition itself has ultimately failed.
(3.) MERE fact that an interim order was passed and incumbent was continuing on the post, that would not confer any benefit or cause of action to petitioner if ultimately he does not succeed in the writ petition.;


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