- (1.) THERE is no appearance on behalf of the respondents, nor any prayer for adjournment of the case has been made on behalf of the respondents, when the matter is taken in revised list. However, Sri V. B. Singh, learned counsel for the petitioner is present.
(2.) INSTANT writ petition has been filed by Lt. Col. A. K. Tiwari (Retd.) petitioner herein inter alia, challenging the orders passed by the Secretary and Joint Secretary, Ministry of Welfare, Government of India New Delhi, dated 20-2-1986 and 12-3-1986, filed as Annexure-3 and S. A. VI to the writ petition, respectively. A Division Bench, consisting of Hon'ble B. N. Sapru and Hon'ble S. K. Dhaon, JJ. on 18-3-1986 suspended the operation of both the afore said orders and directed the respondents to take work from the petitioner or not to take work from him but to continue to pay to the petitioner his salary as and when the same becomes due. The aforesaid interim order presumably was granted on the basis of a decision of Hon'ble Supreme Court in the case of West Bengal State Electricity Board v. Desk Bandhu Ghosh, AIR 1985 SC 722, wherein Hon'ble Supreme Court has held as follows :- "it is a naked 'hire and fire' rule, the time for banishing which altogether from employer-employee relationship is fact approaching. Its only parallel is to be found in the Henry VIII Class so familiar to administrative lawyers.
(3.) THEREAFTER this writ petition appeared before Hon'ble K. C. Agrawal, J. (as His Lordship then was), and after hearing both the sides, the interim order was vacated as the petitioner's term was expired with effect from 11-10-1986. This writ petition has now come up for hearing before this Court.;