- (1.) This Special Appeal has been filed against the judgment and order dated 4 May 2018 of a learned Judge of this Court by which Writ-A No.11633 of 2002 that had been filed for not only quashing the order dated 4 February 2002 passed by the District Magistrate, Gorakhpur and the consequential order dated 11 March 2002 passed by the Chairman, Nagar Panchayat, Gola Bazar, Gorakhpur but also for a direction upon the respondents to permit the petitioners to continue on their respective posts and to pay regular salary, has been dismissed.
(2.) It is submitted that by learned Senior Counsel for the appellant that the counsel for the petitioners could not appear before the learned Judge as he was engaged in another Court. It is also submitted that cause of action still survives but as the matter has been decided on merits, a recall application cannot be filed.
(3.) In the absence of counsel for the petitioner, the learned Judge has, after reading the pleadings, found that the petitioners had not been able to make out a case for the Court to interfere. The learned Judge has also observed that the matter may have been rendered infructuous as counsel for the petitioners has not appeared. It was not possible for the learned counsel for the petitioners to have appeared before the Court as he was engaged in another Court.;