Full Judgment Text
CA No. of 2010 @ SLP(C) No. 3870 of 2008
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10127 OF 2010
ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO. 3870 OF 2008
BHARAT SANCHAR NIGAM LTD. ..... APPELLANT
VERSUS
DEVDAN KESHA GAMIT KARBHARI FALIA..... RESPONDENT
O R D E R
Leave granted.
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We have perused the impugned order dated 13 April,
2007. In the light of the fact that the petition has
been disposed of as infructuous on the ground that the
respondent had reached the age of superannuation and
there is no discussion on the merits of the controversy
with regard to the legality of the order of
reinstatement, we are prima facie of the opinion that in
the absence of any such finding the respondent would not
be entitled to any retiral benefits as well. To our
mind, a decision on merits of the controversy with regard
to the respondent's service has to be rendered before any
consequential order can be made.
We, accordingly, allow this appeal, set aside the
impugned order and remit the case to the High Court for
CA No. of 2010 @ SLP(C) No. 3870 of 2008
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re-decision on the merits of the case. Parties shall
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appear before the High Court on the 16 of December,
2010, before the Registrar of the High Court so that the
service can be completed. We also request the High Court
to dispose of the matter within four months thereafter.
........................J
[HARJIT SINGH BEDI]
........................J
[CHANDRAMAULI KR. PRASAD]
NEW DELHI
NOVEMBER 19, 2010.