- (1.) THIS Special Appeal arises out of the judgment dated 18.11.2013, by which learned single Judge had directed the respondents to consider the candidature of the petitioner for regularization in the light of the Notification taking 10.04.2006 as crucial date for calculation of service period of 10 years. The appeal has been filed with delay of 169 days.
(2.) IT is submitted that the respondent -writ petitioner was not appointed against any substantive post. She worked only for a few hours in a day, and that her services were not regular and continuous in nature. It is submitted that the respondent is not entitle for regularization, on the guidelines laid down by Hon'ble Supreme Court in Secretary, State of Karnataka & Ors. v. Lima Devi & Ors., : 2006 (4) SCC 1, nor she entitled for any back wages. It is submitted that since the judgment is ex -parte, and was rendered without providing opportunity to file reply, the learned Single Judge, did not have the opportunity to consider the response of the appellant (respondent therein), in the impugned judgment. In our opinion, in these circumstances, filing of a recall or review application, with the necessary facts, is the appropriate remedy to be availed by the appellants.
(3.) IN a special appeal the High Court does not ordinarily consider those facts, which were neither pleaded nor argued before learned Single Judge. The petitioner is permitted to withdraw the Special Appeal to file appropriate recall/review petition before learned Single Judge. The Special Appeal is dismissed as withdrawn with the aforesaid liberty.;