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High CourtsDivision Bench(2011) 05 JH CK 0062

National Institute of Foundry and Forge Technology (NIFFT) vs Malay Kumar Banerjee and Others

Jharkhand High Court · Decided on 9 May 2011

HON’BLE JUDGES
R.K. Merathia, J · Prakash Tatia, J
RESULT
Allowed
CASE NUMBER
L.P.A. No. 395 of 2008

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Judgment

10 paragraphs · 358 words

I.A. No. 1066 of 2011.

1.

Heard learned Counsel for the parties on Interlocutory Application No. 1066 of 2011.

2.

It has been submitted by the learned Counsel for the Respondent that the Division Bench of this Court on 18.04.2009 passed the order to maintain status-quo with regard to the post of Director, National Institute of Foundry & Forge Technology (NIFFT), Ranchi and it has been ordered that no fresh appointment on the post of Director, National Institute of Foundry & Forge Technology (NIFFT), Ranchi shall be made by the Appellant during the tendency of these appeals.

3.

Learned Counsel for the Respondent submits that the term of the service if it would have been allowed to the Respondent-writ Petitioner then it would have come to an end on 31st May, 2011.

4.

In view of the above reasons, beyond that period there cannot be any continuance of stay against giving fresh appointment on the post of Director, National Institute of Foundry & Forge Technology (NIFFT), Ranchi.

5.

Learned Counsel for the Appellant submits that even if the term of the office would expire on 31st May, 2011 for the Respondent, if he would have been appointed even then, he want to pursue his case because he was entitled to certain benefits.

6.

Be that as it may, this fact is not in dispute that if Respondent would have been given appointment on the said post of Director, National Institute of Foundry & Forge Technology (NIFFT), Ranchi then also his term would have come to an end on 31st May, 2011 then beyond that period the Respondent cannot seek stay against appointment of the Director, National Institute of Foundry & Forge Technology (NIFFT), Ranchi by the Appellant.

7.

In view of the above reasons, the stay order dated 18.04.2009 is modified to the extent that after 1st June, 2011 the Appellant will be free to give appointment on the post of Director, National Institute of Foundry & Forge Technology (NIFFT), Ranchi .

8.

Interlocutory Application No. 1066 of 2011 is accordingly allowed.

9.

Put up both the matters for final hearing in the second week of June, 2011.