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2015 Supreme(All) 732

D. Y. CHANDRACHUD, YASHWANT VARMA
BHAJAN LAL DIWAKAR – Appellant
Versus
BANI SINGH THAKURELA – Respondent


Advocates:
Counsel :
Bheem Singh for the Appellant; C.S.C., Anil Yadav and P.K. Singh for the Respondents.

JUDGMENT

By the Court.—The special appeal has arisen from an interlocutory order of the learned Single Judge dated 9 July 2015. By the impugned order, the learned Single Judge held that the first respondent, who is the original petitioner, has made out a prima facie case for the grant of an interim order, and accordingly, extended the benefit of an order dated 7 May 2015 of a learned Single Judge in Ram Murti Gupta v. State of Uttar Pradesh, Service Single No. 2192 of 2015. The consequence of the impugned direction is that the services of the first respondent would stand extended until 31 March 2016 and he would be entitled to be paid salary as and when it accrues. The learned Single Judge however, recorded the statement of the first respondent that in the event that the writ petition is dismissed, the salary would be refunded. At the hearing of the special appeal, all the learned counsel agreed that the issue raised would govern the writ petition as well and hence, the petition itself may be disposed of at this stage, by the Division Bench.

2. The dispute relates to an Institut








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