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2020 (6) TMI 832 - SUPREME COURTEnhancement of age of superannuation of General Duty Medical Officers and specialists working in the Central Government and its allied institutions to sixty-five years - HELD THAT:- The appellant moved an application for recall of the order, on which, as we have noted earlier, the High Court directed that the first respondent should be paid salary for the period for which she was working. The fundamental objection of the appellant to the direction of the High Court is that though the first respondent has failed before the Tribunal, the High Court has, at the interim stage, virtually allowed the writ petition. There are merit in the submission. The High Court was not justified in issuing the first interim direction that it did on 12 September 2018, which was followed by the subsequent interim order dated 23 January 2020 effectively granting the final relief at the interim stage. The correctness of the order of the Tribunal declining relief is yet to be determined by the High Court. Since the proceedings are pending before the High Court, we have not embarked upon the merits of the case which is set up by the first respondent before the High Court. We, however, find that the interim orders of the High Court virtually amount to the grant of final relief and ought not to have been passed. The impugned interim orders dated 12 September 2018 and 23 January 2020 is set aside - appeal allowed.
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