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. We have perused the impugned order dated 13th 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 2

re-decision on the merits of the case.  Parties shall  

appear  before  the  High  Court  on  the  16th 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.