U.K.DHAON AND PANKAJ MITHAL, JJ. - (1.) HEARD Pandit S. Chandra learned Counsel for the appellant and Sri Lalit Shukla, learned Counsel for the respondent Nos. 1 and 2 and the learned Standing Counsel for the respondent No. 3. Notice on behalf of Opposite Party No. 4 has been accepted by Sri D.K. Arora.
(2.) THE instant special appeal arises against the judgment and order dated 3.4.2007 passed by Hon'ble Single Judge by which the writ petition No. 4434(S/S) of 1993 filed by the petitioner was dismissed. The learned Counsel for the appellant submits that in the writ petition the termination order dated 16.10.1990 was challenged and the Hon'ble Single Judge has not considered the validity of the impugned termination order and has dismissed the writ petition only on the ground that the appellant is not entitled for regularization as he was working on daily wage basis. He further submits that the, appellant was working against the sanctioned post on consolidated salary and juniors to the appellant were retained in service when the impugned termination order was passed. The learned Counsel for the respondent Nos. 1 and 2 submits that there is no infirmity in the order dated 3.4.2007 passed by Hon'ble Single Judge and as the appellant was working on consolidated salary there is no illegality in the termination order.
(3.) WE have considered, the submissions made by the learned Counsel for the parties and gone through the record. It is the admitted case of the parties that in writ petition the appellant has challenged the termination order dated 16.10.1990 the appellant has alleged in the appeal that he was working against a sanctioned post since 26.7.1985. The validity of the termination order was not judged by the Hon'ble Single Judge and the writ petition was dismissed only on the ground that the appellant was a daily wager and he is not entitled for regularisation in view of the law declared by the Hon'ble Supreme Court Secretary State of Karnataka and Ors. v. Smt. Uma Devi (3) and Ors. Since the validity of the termination order was not decided by the Hon'ble Single Judge the impugned order dated 3.4.2007 passed by Hon'ble Single Judge is legally not sustainable.;