Sushil Kumar Sagar vs. Jyoti Punj Gaur

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil) No(s).19378/2013 (From the judgment and order dated 01/05/2013 in CMP No.532/2013 in LPA No.169/2013 of the HIGH COURT OF H.P AT SHIMLA)

SIKANDER & ORS. Petitioner(s)

VERSUS

• RAVINDRA NATH & ORS. Respondent(s) (With appln(s) for modification of Court's Order and with prayer for interim relief and office report) WITH
• SLP(C) NO. 19292 of 2013 (With appln(s) for modification of Court's Order and with prayer for interim relief and office report)

SLP(C) NO. 27281 of 2013 (With prayer for interim relief and office report)

SLP(C) NO. 29326 of 2013 (With appln.(s) for exemption from filing c/c of the impugned order and office report)

Date: 07/04/2014 These Petitions were called on for hearing today.

CORAM :

• HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE A.K. SIKRI
• For Parties : Mr. Gaurab Banerji, ASG Mr. Vyom Shah, Adv. Mr. Puneet Taneja, Adv. Mr. S.C. Birla, Adv. Mr. Manoj K.Mishra, Adv. Mr. Rajeev K. Dubey, Adv.

Page No.1 of 3 UPON hearing counsel the Court made the following O R D E R

We have heard learned counsel for the parties at length.

I.A. No.2 in Special Leave Petition (Civil) No.19378 of 2013 has been filed on behalf of respondents Nos. 2 to 5 for modification of status quo order dated 8th July, 2013, to the effect that the operational order of the learned single judge dated 11th March, 2013 shall remain stayed and the same shall be subject to the final orders of this Court.

Mr. Gaurab Banerji, learned ASG, appearing for applicants- respondents Nos. 2 to 5 in the Special Leave Petition (Civil) No.19378 of 2013, submits that Letters Patent Appeal (LPA) against the judgment of the learned single judge is still pending and the rights of the parties are yet to be adjudicated. In the meantime, the work of the respondent No.2 - NHPC has virtually come to a standstill as even the ad hoc promotions cannot be made.

Page No.2 of 3 In that view of the matter, we dispose of these special leave petitions and modify our order dated 8th July, 2013 and direct that respondents Nos. 2 to 5 shall be at liberty to make ad hoc promotions in accordance with the prevalent policy. However, ad hoc promotions, therefore, shall carry a specific endorsement that such promotions will not give rise to any equity in favour of the persons so promoted and will be subject to the outcome of the decision of the High Court in LPA. We also request the High Court to decide the LPA, if possible, within a period of six months from the date of receipt of a copy of this order.

The special leave petitions are disposed of

in the above terms.

COURT MASTER COURT MASTER

(VINOD LAKHINA) (INDU BALA KAPUR)

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