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R.K. Upadhyay vs A.I.I.M.S. on 12 February, 2015

Bench: Dipak Misra, Adarsh Kumar Goel

  CA 5723/06
                                                           1

                                            IN THE SUPREME COURT OF INDIA

                                            CIVIL APPELLATE JURISDICTION


                                            CIVIL APPEAL NO.5723 OF 2006


                         R.K. Upadhyay                                            Appellant(s)

                                              Versus

                         All India Institute of Medical                           Respondent(s)
                         Sciences



                                                          O R D E R

With the passage of time, the controversy that had arisen before the High Court and has been dealt with, possibly would have deserved our advertence, but as the appellant has already been given the benefits, a promotion, and, thereafter, further promotion on the basis of the judgement rendered by the learned Single Judge, we would only direct the respondents not to withdraw the benefit that has been conferred upon the appellant in pursuance of the judgement rendered by the learned Single Judge. He shall reap all the benefits relating to promotion and also enjoy the benefit of pension, if applicable.

We have passed this order regard being had to the Signature Not Verified Digitally signed by Chetan Kumar Date: 2015.02.16 factum that the appellant may have retired or in the verge 17:06:21 IST Reason: of retirement and further he has enjoyed the benefits for a considerable length of time.

2 The appeal is, accordingly, disposed of. There shall be no order as to costs.

......................J. (Dipak Misra) ......................J. (Adarsh Kumar Goel) New Delhi;

February 12, 2015.

CA 5723/06
                                    3

ITEM NO.108                  COURT NO.6                SECTION XIV

                  S U P R E M E C O U R T O F      I N D I A
                          RECORD OF PROCEEDINGS

                       Civil Appeal No.5723/2006

R.K. UPADHYAY                                          Appellant(s)

                                   VERSUS

A.I.I.M.S.                                             Respondent(s)

Date : 12/02/2015 This appeal was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Appellant(s) Mr. Praveen Swarup, AOR For Respondent(s) Mr. Mukul Gupta, Sr. Adv.

Ms. Suruchi Aggarwal, Adv.

UPON hearing the counsel the Court made the following O R D E R The appeal is disposed of in terms of the signed order.

              (Chetan Kumar)                    (H.S. Parasher)
               Court Master                       Court Master

(Signed order is placed on the file)