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Indira Gandhi National Open University Vs. Dr. V.N. Rajasekharan Pillai & Ors.

[Civil Appeal No(S). 2267/2018 arising from SLP (C) No.21066/2017]

KURIAN, J.

1. Leave granted.

2. The appellant is before this Court, aggrieved by the interim order passed by the High Court of Kerala in W.P.(C) No.18255/2015 which was confirmed by the Division Bench in an appeal vide impugned order dated 11.04.2017 passed in W.A. No.703 of 2017.

3. The issue pertains to the claim made by Respondent No.1 for counting his service under the appellant towards pensionary benefits. Since, the writ petition itself is pending before the High Court, we do not propose to go into the various contentions raised by the learned Additional Solicitor General of India as well as the learned counsel appearing for Respondent No.1. These are all contentions on merits, to be considered by the High Court while disposing of the writ petition.

4. Accordingly, this appeal is disposed of.

5. We request the High Court to dispose of the writ petition expeditiously and being a matter relating to pension, preferably within six months from today.

6. Till the final orders are passed on the writ petition, the interim order passed by this Court on 28.08.2017 will continue to operate.

7. We make it clear that we have not considered the matter on merits and it will be open to the parties to take all available contentions before the High Court.

8. The parties are permitted to file additional documents, if any, before the High Court.

9. Pending applications, if any, shall stand disposed of.

10. There shall be no orders as to costs.

..........................J. [KURIAN JOSEPH]

..........................J. [MOHAN M. SHANTANAGOUDAR]

NEW DELHI;

FEBRUARY 19, 2018.


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