- Court
- Supreme Court of India
- Decided
- 17 August 1995
- Bench
- K. Ramaswamy, B. L. Hansaria
- Result
- Appeal allowed.
Headnote
"';" Constitution of India :
Article 226-Writ Petition before the High Court-High Court granting relief by way of interim direction-Held, High Court prejudged the issue-Since issue is pending adjudication, High Court not justified in giving the directions.
The State Government filed the appeal by special leave against the interim order granted by the High Court.
Allowing the appeal and setting aside the order of the High Court, this Court
HELD : The High Court prejudged the issue by directing to pay as if the respondents are regular employees. Since the issue is pending adjudica-tion, the High Court is not justified in giving such direction. (822-H]
Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.
Judgment
Leave granted.
Heard the counsel on both sides. The High Court pre-judged the issue by directing to pay as if the respondent is a regular employee. Since this issue is pending adjudication, the High Court is not justified in giving such direction.
Accordingly, the direction is set aside. Since the matter is pending in the High Court, we request it to dispose of the same as expeditiously as possible preferably within six months, giving preference to the writ petition.
The appeal is accordingly allowed.
Case details
Arising from
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7873 of 1995.
From the Judgment and Order dated 25.2.93 of the Allahabad High Court in W.P. No. Nil of 1993.
Appearances
R.B. Misra for the Appellant.
Ms. Abha R. Sharma for the Respondent.
Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.