CA 7178 of 2002 1

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 7178 OF 2002

   U.O.I. & ORS. ..... APPELLANT

VERSUS

   BALBIR SINGH DHARNI & ORS. ..... RESPONDENT

O R D E R

1. We  find  from  the  impugned  judgment  that  a  very  

limited relief had been granted to the respondent herein.  

The relevant portion of the judgment is reproduced below:

“In view of the above, the writ petition  is allowed with a direction to the respondents  to reconsider the entire matter and to pass a  speaking  order  in  accordance  with  law.   It  goes without saying that the petitioner shall  be  entitled  to  all  consequential  benefits,  which  would  flow  from  the  quashing  of  the  impugned order.”

2. We are unable to understand as to why, in the light  

of the above observations, the Union of India has chosen  

to file an appeal against the order as no decision on  

merits had been rendered or any opinion expressed thereon  

by the Division Bench of the High Court.

CA 7178 of 2002 2

3. We, accordingly, dismiss the appeal.  The impugned  

judgments be complied with as expeditiously as possible as  

the respondent has been out of service since long.

    ..................J      [HARJIT SINGH BEDI]

    ..................J      [J.M. PANCHAL]

NEW DELHI APRIL 08, 2010.