JUDGMENT :

1. Both the above cases have been heard on day-to-day basis pursuant to two orders dated 11th December, 2017 and 10th May, 2018 passed by the Supreme Court. The order dated 11th December, 2017 is in two parts. By the first order, SLP (Civil) No. 6490 of 2017 was disposed of and by second order of the same date, it was directed that Civil Appeal No. 3686 of 2007, Shujat Mohammad Khan v. Vishnu Dutt Tripathi and Ors. may be listed along with other connected matters as per the date already fixed. The second order dated 10th May, 2018 was passed in LA. No. 68586 of 2018 in Civil Appeal No. 3695 of 2007, Sri. Atibal Singh and Ors. v. Pramod Shankar Upadhaya and Ors. Both the orders are reproduced below:--

"11.12.2017

SLP (Civil) No. 6490 of 2017

"Having heard learned counsel for the parties, we are of the considered opinion that the High Court should hear the Service Bench No. 24634/2016 and Contempt Petition No. 2510/2017, both pending before the High Court of Judicature at Allahabad Bench at Lucknow, together, so that there is no confusion. Accordingly, we request the High Court to take both the matters together and dispose of the same within three months, if possible.

The High Court may pass appropriate orders as it thinks fit.

With the aforesaid observations and request, the special leave petition is disposed of."

Civil Appeal No. 3686 of 2007

"List this appeal alongwith other connected matters, as per the date already given."

10.05.2018

LA. No. 68586 of 2018 in Civil Appeal No. 3695 of 2007.

"We have considered the prayers made in the present application which are as follows :

"(a) clarify the interim order dated 27.11.2006 passed by this Hon'ble Court in the Civil Appeal No. 3695 of 2007 that petitioner/applicant is not restrain for further promotion and;

(b) stay the order dated 03.11.2016 passed by the Hon'ble High Court of Allahabad Bench at Lucknow in Writ Petition Service Bench No. 24634 of 2016 and;

(c) directed respondent to conduct the DPC as per the eligibility list dated 26.08.2017 and;

(d) pass such other further order/s as this Hon'ble Court may deem fit in the facts and circumstances of this case.

The order dated 03.11.2016 passed by the High Court of Allahabad, Lucknow Bench in Service Bench No. 24634 of 2016 was challenged before this Court in Special Leave Petition (C) No. 6490 of 1017 wherein this Court has passed the following order on 11.12.2017:--

"Having heard learned counsel for the parties, we are of the considered opinion that the High Court should hear the Service Bench No. 24634/2016 and Contempt Petition No. 2510/2017, both pending before the High Court of Judicature at Allahabad Bench at Lucknow, together, so that there is no confusion. Accordingly, we request the High Court to take both the matters together and dispose of the same within three months, if possible.

The High Court may pass appropriate orders as it thinks fit.

With the aforesaid observations and request, the special leave petition is disposed of."

It appears that the High Court is still in seisin of the matter despite the time frame fixed by this Court. We, therefore, request the High Court to hear and decide Service Bench No. 24634/2016 along with Contempt Petition No. 2510/2017 within a period of four weeks from today. We also deem it appropriate to clarify that at no point of time this Court has put any restraint on the promotion of the applicant(s)/appellant(s) and the interim order of this Court dated 27.11.2006 is only one of stay of reversion.

The High Court will, therefore, hear and decide the matter(s) keeping in view the above clarification."

2. In the order dated 11th December, 2017, it was provided that both the cases have to be heard together and decided by the High Court within three months. The matters could not be heard and decided for the reasons recorded in the order-sheet and thereafter the Supreme Court passed an order dated 10th May, 2018 requiring the High Court to decide the matter within four weeks from that date. Purs