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Allahabad High Court · body

2016 DIGILAW 682 (ALL)

Anil Kumar Dubey v. Union of India Thru' Secry. , Ministry of Railways

2016-02-25

D.Y.CHANDRACHUD, YASHWANT VARMA

body2016
JUDGMENT This special appeal has arisen from an interim direction of the learned Single Judge dated 4 February 2016. The interim direction is in the following terms: "Therefore, a direction is issued to the petitioner to get himself admitted in the All India Institute of Medical Sciences, New Delhi by 15.2.2016 and he shall be kept under observation by the Doctors concerned in the All India Institute of Medical Sciences, New Delhi with regard to his medical condition of seizure disorder epilepsy as per medical advice and thereafter the Doctors will evaluate his medical condition and submit their report. This report shall be placed before the Court in a sealed cover through Registrar General of the Allahabad High Court on the next date fixed." 2. This interim direction has been passed in a writ petition filed by the appellant seeking (i) a mandamus to treat him as medically fit in all respects and to assign the duties of a constable forthwith; (ii) a writ directing the respondents to declare the certificate of medical de-categorization to be invalid; and (iii) a writ to the respondents to take work from the appellant as a constable and not to restrict him to barrack maintenance duties alone. 3. At the hearing of the special appeal, the learned counsel appearing on behalf of the appellant states that the aforesaid direction may be vacated, as the appellant is ready and willing to pursue his case on the basis of the material on the record, before the learned Single Judge as it stands. The learned counsel appearing on behalf of the respondents has no objection to the petition being argued on the basis of the material on the record, before the learned Single Judge and the impugned direction being vacated. 4. Hence, by consent, the direction which was issued by the learned Single Judge in the terms as extracted above, shall stand vacated. All the rights and contentions of the parties are specifically kept open, since the direction of the learned Single Judge in the aforesaid terms has been vacated by consent. 5. The special appeal is accordingly disposed of. There shall be no order as to costs.