S.S. Ahmad, J. - (1.) THE Petitioner had earlier filed a claim petition before the U.P. Public Services Tribunal in which an interim order was passed that he shall be sent for training for the post of Supervisor Kanungo In the institution at Hardoi. It appears, on a perusal of Annexure No. 1 which is the judgment of the Tribunal, that the relief with regard to training was dismissed as having become infructuous by the following observations: Now coming to the merits of the case we find that so far as the first prayer in the claim petition is concerned that the opposite parties be directed to allow the Petitioner to take the training of Supervisor Kanungo, the Petitioner stated during the arguments that in the year 1977 he was allowed to complete his training of supervisor Kanongo and he completed the training That being the position, this prayer has now become redundant. Thus the question of determination of this point is not required. It was at the Petitioner's instance that the relief was declared to have become redundant. The claim petition with regard to other relief was also dismissed.
(2.) IT is settled law that an interim order passed in a case which is ultimately dismissed is to be treated as not having been passed at all. See Shyam Lal v. State of Uttar Pradesh Lucknow : AIR 1968 All. 139 and Shri Ram Charan Das v. Pyare Lal : AIR 1975 All 280 (D.B.). Since the claim petition, in which the interim order about the Petitioner's training was passed, was ultimately dismissed by the Tribunal, we have to hold that the interim order in that case was not at all passed and is non -est. The Petitioner cannot be allowed to take advantage of that interim order. In this situation there is no question of issuing any mandamus to the opposite parties to declare the result of the Petitioner in respect of the training which the Petitioner is said to have taken in 1977.
(3.) THE petition is dismissed in limine.;