- (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, was disposed of and by second order of the same date, it was directed that Civil Appeal No. 3686 of 2007, Shujat Mohammad Khan Vs. 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 I.A. No. 68586 of 2018 in Civil Appeal No. 3695 of 2007, Sri Atibal Singh and Ors Vs. Promod Shankar Upadhaya and Ors. Both the orders are reproduced below:- "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. "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 I.A. 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 Hob'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. Pursuant thereto, the hearing of these petitions continued from 15th May, 2018 and have been heard on day-to-day basis. The arguments of the learned counsels appearing for the respective parties had concluded on 13th July, 2018 and the matter was fixed for dictation of judgment on Monday next i.e. 16th July, 2018 to be taken up at 2:15 p.m. On 16th July, 2018 we were apprised that on 12th July, 2018 an I.A. was moved before the Supreme Court registered as I.A. No.94033 of 2018 and was also mentioned in Court No.1. The Supreme Court passed an order on the said date requiring the matter to be listed on 16th July, 2018 before the appropriate Bench as per roster. Since the matter was fixed before the Supreme Court on 16th July, 2018 on the prayer made in the I.A. No.94033 of 2018 including the prayer to call for the records of Writ Petition No.24634 (SB) of 2016 to the Supreme Court as such we adjourned the matter for today. It was stated at the Bar that some orders have been passed on the aforesaid I.A. but since the order was not uploaded, we thought it appropriate to have the matter for today so that there is no inconsistency or impropriety in the matter.
(3.) Today, Sri Upendra Nath Mishra, learned counsel for the petitioners has filed a supplementary affidavit annexing a copy of the I.A. No.94033 of 2018 and the orders dated 12th July, 2018 and 16th July, 2018 passed by the Supreme Court. Both the Orders are reproduced below:- "12.7.2018 "On mentioning, the matter is taken on Board. List the matter on 16th July, 2018, before the appropriate Bench as per the roster." 16.7.2018 "Let the Civil Appeal No.3695 of 2007 be listed on the top of the board on the date earlier fixed, namely, 8th August, 2018. In the meantime, order dated 11th July, 2018 passed by the State of U.P. shall remain suspended. We make it clear that we have put no restraint on the High Court in deciding the matter pending before it. I.A. No.94033 of 2018 is disposed of in the above terms.";