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1991 (12) TMI 57 - SC - Income TaxWhether the petitioners who have been appointed on part time basis should be continued until the Government makes regular appointments on the recommendations of the Public Service Commission. Meanwhile, the petitioners will get their salary for the period of the vacation? Held that:- A decision is available as a precedent only if it decides a question of law. The respondents are, therefore, not entitled to rely upon an order of this court which directs a temporary employee to be regularised in his service without assigning reasons. It has to be presumed that on special grounds which must have been available to the temporary employees in those cases, they were entitled to the relief granted. Merely because grounds are not mentioned in a judgment of this court, it cannot be understood to have been passed without an adequate legal basis therefore. It is true that the High Court is entitled to exercise its judicial discretion in deciding writ petitions or civil revision applications but this discretion has to be confined to declining to entertain petitions and refusing to grant relief asked for by the petitioners, on adequate considerations ; and it does not permit the High Court to grant relief on such a consideration alone.We, therefore, reject the argument addressed on behalf of the respondents that the High Court was entitled to pass any order which it thought fit in the interests of justice. Accordingly, we set aside the impugned order and allow the appeal.
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