REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No.           OF 2008 Arising out of SLP(C) NO. 9433 of 2007

Union of India & Ors. ...Appellants

Versus

Ram Kumar Thakur           ...Respondent

J U D G M E N T

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the

Jammu and Kashmir High Court dismissing the appeal filed by the present

appellants on the ground that the respondent had been reinstated in service

pursuant to the judgment of the learned single Judge which was impugned

in the writ appeal filed before the Division Bench.  The High Court held that

the appeal had therefore become infructuous.

2. Learned counsel for the appellant submitted that the impugned order

of the High Court has no legal basis.  Merely because the impugned order

before  the  High  Court  was  implemented  to  avoid  possible  contempt

proceedings that did not take away the right of the appellants to prefer an

appeal and question correctness of the impugned order.

3. Learned counsel for the respondent on the other hand supported the

judgment.

4. It has been noted by this Court that if even in cases where interim

relief is not granted in favour of the applicant and the order is implemented

that does not furnish a ground for not entertaining the appeal to be heard on

merits.   (See  :  Nagar  Mahapalika v.  State  of  U.P.  [2006(5)  SCC  127].

Similar  view was also take in  Nagesh Datta Shetti v.  State of Karnataka

[2005(10) SCC 383].  

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5. In Union of India v. G.R. Prabhavalkar & Ors. [1973(4) SCC 183] it

was observed at para 23 as follows:

“Mr Singhvi, learned counsel, then referred us to the fact that after the judgment of the High Court the State Government has passed an order on March 19, 1971, the effect of which is to  equate  the  Sales  Tax  Officers  of  the  erstwhile  Madhya Pradesh  State  with  the  Sales  Tax  Officers,  Grade  III  of Bombay. This order, in our opinion, has been passed by the State Government only to comply with the directions given by the High Court.  It  was  made during  a  period  when the appeal against the judgment was pending in this Court. The fact that the State Government took steps to comply with the directions of the High Court cannot lead to the inference that the appeal by the Union of India has become infructuous.”

6. Above position was also noted in  Union of India v.  Narender Singh

[2005(6) SCC 106].

7. Above  being  the  position  the  impugned  order  of  the  High  Court

cannot be maintained and is set aside. The writ appeal shall be heard by the

High Court on merits about which we express no opinion.  The appeal is

allowed to the aforesaid extent.  No costs.

………………..…………………J. (Dr. ARIJIT PASAYAT)

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……….…………………………..J. (Dr. MUKUNDAKAM SHARMA)

New Delhi, October 15, 2008

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