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Navodaya Vidyalaya Samiti And Anr v. Afshan Khan And Ors

Navodaya Vidyalaya Samiti And Anr v. Afshan Khan And Ors

(Supreme Court Of India)

CIVIL APPEAL No.4416 OF 2016 (ARISING OUT OF SLP(C) NO.9978/2016) | 22-04-2016

1. Leave granted.

2. Heard Mr. Ranjit Kumar, learned Solicitor General of India for the appellants and Mr. Hemant Sharma and Mr. Rakesh Kumar Singh, learned counsel for the caveators.

3. We are of the view that by way of an interim order by staying the operation of relieving order and by directing the appellants to continue to employ the respondents herein, the Tribunal has virtually decided the O.A. itself and granted the main relief by way of an interim order.

4. In such circumstances, we are convinced that the order granted by the Tribunal dated 2.2.2016 and the confirmation of the same by the High Court vide impugned order dated 29.3.2016 cannot be allowed to stand.

5. While setting aside the said orders, we direct the Tribunal to take up the appeal itself for hearing and decide the same on merits expeditiously, preferably within three months from the date of production of a copy of this order.

6. In the meantime, the appellant shall file its reply and it is open to the respondents to file their rejoinder, if any, to the reply before the Tribunal.

7. The appeal stands disposed of.

Advocate List

  • Mr. Ranjit Kumar,SG Mr. S. Rajappa,Adv. Dr. Puran Chand,Adv. Ms. A.P. Salini,Adv.

  • Mr. Hemant Sharma,Adv. Mr. Avadh Bihari Kaushik,Adv. Mr. Rakesh Kumar Singh,Adv. Mr. Prem Prakash,Adv.

Bench
  • HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
  • HON'BLE MRS. JUSTICE R. BANUMATHI
Eq Citations
  • (2019) 11 SCC 548 LQ/SC/2016/1642
Head Note

with the above directions Constitution of India — Arts. 136 and 142 — Interim order — Main relief by way of interim order — Tribunal by way of an interim order staying the operation of relieving order and directing the appellants to continue to employ the respondents herein — Held, by way of an interim order by staying the operation of relieving order and by directing the appellants to continue to employ the respondents herein the Tribunal has virtually decided the OA itself and granted the main relief by way of an interim order — While setting aside the said orders, the Tribunal to take up the appeal itself for hearing and decide the same on merits expeditiously preferably within three months from the date of production of a copy of this order — Service Law — Relief — Interim order — Main relief by way of interim order