Prem Chand Jain, J. - (1.) Harjit Singh has filed this appeal under Clause X of the Letters Patent, against the judgment of a learned Single Judge of this Court, dated 3rd Sept., 1980, by which his writ petition was dismissed.
(2.) As detailed facts have been given in the judgment, it is not necessary to reproduce the same here.
(3.) The only point that needs determination is whether the appellant can claim benefit of the conditions of the Presidential order issued in May, 1977. There is no dispute that in case the appellant can take benefit of the Presidential order, then he is entitled to be considered for regularisation. A similar plea was put forth before the earned Single Judge and the same was negatived with the following observations:- "I have given due consideration to the argument and regret my inability to accept it. It is well settle that no one is allowed to suffer on account of the interim orders of ; he Court. The facts in the present case are not disputed. After the institution of Civil Writ Petition No. 7717 of 1976, filed by the petitioners challenging the order of the Board in selecting some other persons as Line Superintendents, ad interim stay order was issued that their services be not terminated. If that order had not been issued, their services might have terminated prior to the coming into force of the Presidential order. In case they remained in service on account of stay order, then, in my view cannot derive any benefit from it for the purpose of the Presidential order. It is also to be relevant to highlight that the writ petition was ultimately dismissed on Aug. 17, 1978. Moreover, the petitioners appeared before the Board were not found fit by it to be taken into service. In the aforesaid situation they are not entitled to the extraordinary remedy under Art. 226 of the Constitution of India. That order is not applicable in the present set of circumstances. I. consequently, reject the contention of Mr. Kuldip Singh.";