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Sarika Jain vs State Of Up on 10 November, 2016

Bench: Shiva Kirti Singh, R. Banumathi

                                                           1

     ITEM NO.5                                    COURT NO.11                      SECTION XI

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

     Petition(s) for Special Leave to Appeal (C) No(s). 37804/2013
     (Arising out of impugned final judgment and order dated 21/11/2013
     in OD No. 1167/2013 passed by the High Court Of Judicature at
     Allahabad)

     SARIKA JAIN                                                                    Petitioner(s)

                                                          VERSUS

     STATE OF UP & ORS                                                              Respondent(s)
     (With interim relief and office report)

     Date : 10/11/2016 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE SHIVA KIRTI SINGH
                             HON'BLE MRS. JUSTICE R. BANUMATHI

     For Petitioner(s)                      Mr.   P. K. Jain,Adv.
                                            Mr.   Saurabh Jain,Adv.
                                            Mr.   P.K. Goswami,Adv.
                                            Mr.   S.P.Singh Rathore,Adv.
                                            Mr.   H. Arjun,Adv.
                                            Mr.   Uday Prakash Yadav,Adv.

     For Respondent(s)                      Mr. Vikrant Yadav,Adv.
                                            Mr. M. R. Shamshad,Adv.

                                            Mr. Sanjay Kumar Tyagi,Adv.

                                            Mr.   ATM Rangaramanujan,Sr.Adv.
                                            Mr.   Satpal Singh,Adv.
                                            Mr.   K.P.S. Dalal,Adv.
                                            Mr.   Shree Pal Singh,Adv.


                                 UPON hearing the counsel the Court made the following
                                                    O R D E R

Heard learned counsel for the parties. Signature Not Verified This special leave petition is against an interim Digitally signed by MADHU BALA Date: 2016.11.10 16:07:40 IST Reason: order dated 21.11.2013 passed by the High Court of Judicature at Allahabad in Special Appeal from Order (Defective) No. 1167 of 2013.

This Court while issuing notice in this matter on 03.01.2014 as to why the petitioner should not be allowed to draw salary of the post she is holding, also stayed the operation of the impugned order. It is not in dispute that on account of stay ordered by this Court, the petitioner has been getting her salary and the Writ Petition is still pending for hearing before the High Court.

In the aforesaid facts and circumstances of the case, we do not feel inclined to discuss the facts for coming to any conclusion final or tentative list it prejudices any of the parties in the pending lis before the High Court. In that view of the matter, we request the High Court to hear the Writ Petition and dispose of the same on its own merits expeditiously, preferably within a period of six months from today. Till the disposal of the Writ Petition, the interim order of this Court shall deem to continue and as a result the petitioner who is getting salary shall continue to be paid her salary.

The special leave petition is disposed of.

  (Madhu Bala)                                                (Madhu Narula)
  Court Master                                                 Court Master