- (1.) ...Where will I go if cashiered ? How will I survive when I am too old to be newly employed and too young to be superannuated.... V.R. Krishna Iyer, J speaking for the Supreme Court Bench, has sought to unriddle the said situation in Baldev Raj Chadha vs. Union of India & Ors., 1980 4 SCC 321. Unusual fact situation posing issues for resolution is an opportunity for innovation. Law, as administered by Courts, transforms into justice...." So wrote R. C. Lahoti, Chief Justice of India, Author of the decision in B.P. Achala Anand vs. S. Appi Reddy & Anr., 2005 3 SCC 313.
(2.) Betwixt the aforesaid two phrases of V.R. Krishna Iyer.J. and R.C. Lahoti, CJI we would be required to hammer out a solution for this appellant, for whom it was Just Desert on 24.03.2005 [Page-54 of the Paper Book] when by virtue of the order passed by a learned Single Judge in the interim stage, he was absorbed as a Clerk in the school of the respondent Nos.4 and 5 being peremptorily approved by respondent No. 3 (Page 85 of the Paper Book).
(3.) Fortune did not sustain the appellant at the final hearing of the writ application when it was found by the learned Single Judge on 02.12.2009 that as the publication of employment notice was not made, the selection process from the stage of sending interview letter to the candidate stands quashed and the appointment of the appellant in terms thereof, also stands quashed. The said final order of the Hon'ble Single Judge passed on 02.12.2009 in connection with W.P. No. 228(W) of 2005, has been carried in appeal.;