NON REPORTABLE   

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO……………OF 2009 (Arising out of SLP(C) No. 7997 of 2007)

Diwakar Prakash Mishra         …Appellant

VERSUS

Shree Kant Mishra & Ors.       .. Respondents

O R D E R

1. Leave granted.

2. This appeal is directed against an order dated 3rd

of January, 2007 passed by a Division Bench of

the  High  Court  of  Judicature  at  Allahabad,

Lucknow  Bench  in  Special  Appeal  No.489  of

2003 by which the appeal was dismissed with the

following directions:-

“We, therefore, while dismissing the writ petition as  having  lost  its  significance,  after  the retirement of the appellant, direct that since the appellant had throughout discharged the duties of Principal as official Principal, he shall be paid the salary of the given pay scale, after adjusting

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the amount already paid. Such arrears shall be paid within a maximum period of three months from the date of receipt of a certified copy of this order.  

The  petitioner  shall  also  be  given  all consequential  benefits  accordingly,  as  per rules.”  

3. From  a  reading  of  the  order  including  the

directions made in the impugned order as noted

herein  above,  it  would  be  clear  that  the  High

Court  had  dismissed  the  appeal  only  on  the

ground that since the appellant had retired as an

ad  hoc  principal,  the  appeal  had  become

infructuous. In our view, it is true that the High

Court had granted relief to the appellant to which

he otherwise could not get, by directing payment

of salary for the period he continued as an ad hoc

principal on the strength of the interim order. In

our  view,  the  appeal,  in  the  facts  and

circumstances of the present case, ought to have

been  decided  on  merits  after  giving  proper

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hearing to the parties.  That being the position,

we set aside the impugned order and restore the

special  appeal,  which  shall  be  decided  by  the

Division Bench of the High Court at an early date

preferably within three months from the date of

supply  of  a  copy  of  this  order  to  it  and  after

passing a reasoned order.  

4. The  appeal  is  thus  allowed  to  the  extent

indicated  above.  There  will  be  no  order  as  to

costs.  

…………………….J. [Tarun Chatterjee]

New Delhi; …………………….J. February 16, 2009.    [H.L.Dattu]

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