Supreme Court - Daily Orders
Dg Csir vs D. Atchuta Rao on 3 August, 2023
Bench: Hima Kohli, Rajesh Bindal
CIVIL APPEAL NO.7661/2011
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.7661 OF 2011
THE DIRECTOR GENERAL, COUNCIL OF SCIENTIFIC
& INDUSTRIAL RESEARCH (CSIR) & ORS. APPELLANT
VERSUS
D. ATCHUTA RAO RESPONDENT
O R D E R
1. The present appeal is directed against an interim order dated 29th November, 2010, passed by the High Court of Judicature at Andhra Pradesh, Hyderabad, whereunder an application moved by the appellants seeking suspension of the order dated 16th August, 2010 passed in OA No. 817 of 2009, by the Central Administrative Tribunal, Hyderabad Bench1, filed by the respondent herein, was dismissed.
2. By the impugned order, the High Court had Signature Not Verified expressed its dis-inclination to suspend the Digitally signed by GEETA AHUJA Date: 2023.08.10 16:51:33 IST Reason: directions issued vide order dated 16th August, 2010, 1 For short ‘the Tribunal’ 1 CIVIL APPEAL NO.7661/2011 passed by the Tribunal directing the appellants to grant notional promotion to the respondent as Scientist IV (6), with effect from the date he became eligible i.e. w.e.f. 01st February, 1995, with all consequential benefits and thereafter, refix his pension.
3. It is stated that though this Court had not stayed the hands of the High Court for proceeding to hear arguments in the pending writ petition2, the matter has not been taken up. We may clarify that on 22th July, 2011, an interim order was granted in respect of the impugned order passed by the High Court on an interim application moved by the appellants, which order was made absolute on 05th September, 2011. At no stage did this Court restrain the High Court from hearing arguments in the main writ petition.
4. Mr. Pratap Narayan Sanghi, learned Senior advocate appearing for the respondent states that the respondent had superannuated in the year 1999. He requests that hearings in the pending petition may be expedited.
5. Having regard to the fact that the writ petition has been pending for the past thirteen years, the High Court is requested to expedite 2 W.P. No. 29180 of 2010 2 CIVIL APPEAL NO.7661/2011 hearing in the said petition and dispose it of.
6. The interim order dated 22nd July, 2011, made absolute on 05th September, 2011 shall, continue to operate till the disposal of W.P. No. 29180 of 2010.
7. The appeal is disposed of.
…………………………………….J. [HIMA KOHLI] …………………………………….J. [RAJESH BINDAL] NEW DELHI;
03rd August, 2023 3 CIVIL APPEAL NO.7661/2011 ITEM NO.108 COURT NO.11 SECTION XII-A 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(s). 7661/2011
THE DIRECTOR GENERAL, COUNCIL OF SCIENTIFIC & INDUSTRIAL RESEARCH (CSIR) & ORS. APPELLANT(S) VERSUS D. ATCHUTA RAO RESPONDENT(S) Date : 03-08-2023 This appeal was called on for hearing today. CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE RAJESH BINDAL For Appellant(s) Mr. Praveen Swarup, AOR Ms. Payal Swarup, Adv.
Mr. K.P. Singh, Adv.
Mr. Devesh Maurya, Adv.
For Respondent(s) Mr. Pratap Narayan Sanghi, Sr. Adv.
Mr. Avdhesh Narayan Sanghi, Adv. Mr. Krishna Kumar Singh, AOR 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.
(Geeta Ahuja) (Nand Kishor) Assistant Registrar-cum-PS Court Master (NSH)
(Signed Order is placed on the file) 4