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1983 Supreme(SC) 152

V.BALAKRISHNA ERADI, V.D.TULZAPURKAR
Director Of Printing And Stationery And Stores Purchase – Appellant
Versus
C. Laxamaiah – Respondent


Advocates:
G.N.Rao, JITENDRA SHARMA, Y.S.Chitale

(1) LEAVE granted.

(2) HEARD counsel for both the parties.

(3) IT is not possible to sustain the impugned orders though they are of interlocutory nature. As a result of the reduction of the age of superannuation from 58 to 55 the concerned employees (including the individual writ petitioners in the High court) were actually relieved from duty with effect from the afternoon of 28/02/1983, with a result that the initial order dated 3/03/1983 directing the maintenance of status quo as obtaining on that day ( 3/03/1983) did not carry the concerned employees any further, and while after they had been so relieved other officiating appointments having been made, the impugned orders dated 11/03/1983 directing that the employees be continued in service provided the posts held by them had not been already filled up really amounted to granting mandatory relief and dislodging the officiating appointments. It was in this situation that this court by its order dated 17/03/1983 granted ex parte stay of the impugned orders of the High court pending notice. Today after hearing counsel on either side we feel that the impugned orders cannot be allowed to stand and we, therefore,



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