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1992 DIGILAW 707 (SC)

Union of India v. Sita Ram Dheer

1992-09-14

J.S.VERMA, S.P.BHARUCHA

body1992
ORDER : J.S. Verma, J. - Special leave granted. 2. The impugned interim order made by the Tribunal directs the appellant to make certain monthly payments to respondents as part of their emoluments. In our opinion, without going into the merits of the claim of the respondents which, is pending adjudication before the Central Administrative Tribunal, an order of this kind as an interim measure is not appropriate. Learned counsel for the respondents fairly stated that the respondents would not insist on the continuance of this interim order in their favour at this stage and their only prayer now is that the payments already made thereunder be not recovered from them and that the same may be made subject to the final decision of the Tribunal. We consider it fair, reasonable and appropriate. Consequently, the appeal is allowed. The impugned interim order dated 21-2-1992 made by the Tribunal directing certain payments to be made to the respondents as an interim measure is set aside. The amounts already paid to the respondents will not be recovered from them now and will be subject to the final decision of the Tribunal. No costs. Appeal allowed.