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Judgment
I.A. No.2718 of 2016 is for condonation of delay of 46 days
in preferring the appeal. There is sufficiency of reasons explained in
the condonation application. The delay is condoned. I.A. is allowed.
The matter is thereafter taken up on merits.
Heard learned counsel for the appellant, counsel for the State
and counsel for the Rajendra Agriculture University.
The learned Single Judge has committed no error in law or
fact by dismissing the writ application vide order dated 10.12.2015,
which is subject matter of challenge in the present Letters Patent
Appeal. Since the appointment of the appellant on the post of
Assistant Professor -cum- Junior Scientist has been held to be bad in
law both by the learned Single Judge as well as by the Division
Bench, there is no occasion for giving any direction. It will have the
effect of overriding the adjudications by a coordinate Bench with
regard to status of the appellant. The salary can only flow in favour of
the petitioner provided his appointment was legal and valid in the very
first place, which has not been such, which has been held so even by
the Division Bench.
The appeal has no merit. It is dismissed.