Diwakar Prakash
Mishra Vs. Shree Kant Mishra & Ors. [2009] INSC 333 (16 February 2009)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO...............OF 2009
(Arising out of SLP(C) No. 7997 of 2007) Diwakar Prakash Mishra ...Appellant
VERSUS Shree Kant Mishra & Ors. ..
Respondents
ORDER
1.
Leave
granted.
2.
This
appeal is directed against an order dated 3rd of January, 2007 passed by a
Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench in
Special Appeal No.489 of 2003 by which the appeal was dismissed with the
following directions:- "We, therefore, while dismissing the writ petition
as having lost its significance, after the retirement of the appellant, direct
that since the appellant had throughout discharged the duties of Principal as
official Principal, he shall be paid the salary of the given pay scale, after
adjusting 1 the amount already paid. Such arrears shall be paid within a
maximum period of three months from the date of receipt of a certified copy of
this order.
The petitioner shall
also be given all consequential benefits accordingly, as per rules."
3.
From
a reading of the order including the directions made in the impugned order as
noted herein above, it would be clear that the High Court had dismissed the
appeal only on the ground that since the appellant had retired as an ad hoc
principal, the appeal had become infructuous. In our view, it is true that the
High Court had granted relief to the appellant to which he otherwise could not
get, by directing payment of salary for the period he continued as an ad hoc
principal on the strength of the interim order. In our view, the appeal, in the
facts and circumstances of the present case, ought to have been decided on
merits after giving proper hearing to the parties. That being the position, we
set aside the impugned order and restore the special appeal, which shall be
decided by the Division Bench of the High Court at an early date preferably
within three months from the date of supply of a copy of this order to it and
after passing a reasoned order.
4.
The
appeal is thus allowed to the extent indicated above. There will be no order as
to costs.
.........................J.
[Tarun Chatterjee]
.........................J.
New
Delhi;
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