Uttarakhand High Court
Union Of India And Others. ... vs No. 804290078 Head Constable / Gd Vijay ... on 15 December, 2020
Author: Alok Kumar Verma
Bench: Ravi Malimath, Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
SPECIAL APPEAL NO. 20 OF 2015
Union of India and others. ......Appellants.
Vs.
No. 804290078 Head Constable / GD Vijay Pal Singh of
CISF Unit BHEL ....Respondent
Shri Rakesh Thapliyal, learned assistant solicitor general for the Union of India /
appellants.
Shri Siddharth Sah, learned counsel for the respondent.
December 15, 2020
Coram:Hon'ble Ravi Malimath, ACJ.
Hon'ble Alok Kumar Verma, J.
Ravi Malimath, ACJ. (Oral) Aggrieved by the order dated 18.11.2014 passed by the learned Single Judge in allowing the writ petition and directing the respondents therein to restore the writ petitioner in service forthwith, the respondents are in appeal.
2. Even though, Shri Rakesh Thapliyal, learned assistant solicitor general for the Union of India- appellants, proposes to argue on merit, we do not find it necessary.
3. The respondent herein was aged 55 years in the year 2011. Therefore, he has already attained the age of superannuation. There was no interim order granted by this Court. Therefore, the benefit granted by the learned Single Judge has since been exhausted by the respondent. Even if the appellants were to succeed, it will only be academic in nature and no real relief, whatsoever, will accrue to them.
4. On the other hand, so far as the respondent is concerned, he has already superannuated. He has nothing to lose.
5. Under these circumstances, we do not find it appropriate to proceed to hear this matter on merits. However, the findings have been recorded by the learned Single Judge in the order dated 18.11.2014 with regard to interpretation of certain rules and action of the appellants herein. In order to protect the interest of the appellants, we clarify that all observations of law and interpretation of law made by the learned Single Judge shall stand restricted only for the disposal of the instant writ petition. It shall not be considered as the law of the land as applicable to others also. Its effect shall stand restricted to the writ petitioner (respondent herein) only.
6. Hence, with the aforesaid observations, the special appeal is disposed-off.
(Alok Kumar Verma, J.) (Ravi Malimath) ACJ PSR 2