C.R. YADAV, HCS (RETD) Vs. STATE OF HARYANA AND ORS

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 4747 of 2017, Judgment Date: Mar 31, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 4747 OF 2017
          (ARISING FROM SPECIAL LEAVE PETITION (C) NO.8886 OF 2017)

C.R. YADAV, HCS (RETD)                                         APPELLANT(S)

                                VERSUS

STATE OF HARYANA AND ORS                                      RESPONDENT(S)

                               J U D G M E N T

KURIAN, J.
      Leave granted.
2.    In the nature of order we propose to pass in this appeal,  it  is  not
necessary to issue notice to the respondents.
3.    The appellant retired from service in the year 2000.  He  had  already
filed a writ petition disputing the seniority in the High Court in the  year
1993 being Civil Writ Petition No.13601 of 1993.  But it  appears  that  the
writ petition was taken up for hearing only in the year 2016  and  the  same
was disposed of on 11.07.2016 holding that there is  no  point  in  deciding
the case at that distance of time.
4.    We are of the view that the High Court was not justified in  rejecting
the writ petition on the ground of retirement of the  appellant.   The  writ
petition had been pending when he retired. The judgment dated  11.7.2016  in
Civil Writ Petition No.13601/1993 is, therefore, set  aside.   Consequently,
the impugned judgment of the Division Bench is also set aside and the  Civil
Writ Petition is remitted to the High Court with a  direction  to  hear  the
same on merits.  The appellant being a senior citizen, we request  the  High
Court to dispose of the writ petition expeditiously  and  preferably  within
six months.
5.    The appeal is, accordingly, disposed of.
6.    Pending applications, if any, shall stand disposed of.
7.    There shall be no orders as to costs.

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


                                                   .......................J.
                                                              [R. BANUMATHI]
      NEW DELHI;
      MARCH 31, 2017.