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1987 DIGILAW 1 (SC)

Engineer In Chief Le General, Army Headquarters, New Delhi v. Asi Reddy

1987-01-05

B.C.RAY, M.P.THAKKAR

body1987
(1) SPECIAL leave granted. Heard both the sides. (2) WE are of the opinion that the Andhra Pradesh High court should not have granted the interim order merely because an interim order has been granted by the Calcutta High court. So far as the Calcutta matter was concerned payment as per the higher pay scale was being made (it was being paid under a bona fide mistake according to the Army authorities). The Calcutta High court had directed the respondents in the writ petition to maintain status quo or not to alter status quo. So far as the Writ Petition before the Andhra Pradesh High court are concerned such was not the case. The High court directed allowing the status quo and virtually allowed the writ petition for interim purposes. The High court could not have done so. If on merits the writ petitioners-respondents herein are entitled to be paid as per the higher pay scales, it will be open to the High court to decide it on merits and pass an appropriate order at the time of final disposal of the writ petition. The High court is requested to accord priority to this matter and dispose it of in accordance with law as early as possible under the circumstances. (3) THE appeal is disposed of accordingly. There will be no order as to costs.