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2021 Supreme(AP) 213

M.SATYANARAYANA MURTHY
Katta Venkataramana – Appellant
Versus
Executive Officer – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: J Sudheer
For the Respondent: A Sumanth, M/S Bharadwaj Associates

31. Applying the same principle to the present facts of the case, it is clear that the persons who are in service and acquired benefit on account of degree obtained in IASE, Rajasthan, is suspended, till passing test in first or second attempt. If, they pass the test in the permitted attempts, they are entitled to retain the benefits. The judgment of the Division Bench of Uttarakhand High Court in Parshuram v. State of Uttarakhand (referred supra) was challenged before the Apex Court in Special Leave to Appeal (C) No.17469/2019, wherein the Apex Court disposed of the special leave petition in terms of the order passed by the Apex Court in Ashok Kumar and others v. Depinder Singh Dhesi & others, (2019) 8 SCC 280. Though the judgment of the Division Bench of Uttarakhand High Court in Parshuram v. State of Uttarakhand (referred supra) is not binding, but, still the judgment in Ashok Kumar and others v. Depinder Singh Dhesi & others (referred supra) is binding on this Court. Therefore, applying the principles laid down in the above judgment, it is difficult to accept the contention of the Respondent Nos. 2 to 11 that they are entitled to claim the benefit of the judgment with retrospec

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