TMI Blog2020 (6) TMI 832X X X X Extracts X X X X X X X X Extracts X X X X ..... uld 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 upo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge of retirement. The contrary view of the appellants is that the decision has no application to autonomous institutions. 4 During the pendency of the proceedings, the Central Administrative Tribunal issued an interim order on 24 January 2018. Eventually, the OA was dismissed by the Tribunal on 21 August 2018. Following the dismissal of the OA, a relieving order was served to the first respondent on 28 August 2018. The first respondent challenged the order of the Tribunal before the High Court of Delhi. On 12 September 2018, the High Court passed an interim order, on the basis of the statement of the First respondent that she was continuing in service. While recording the statement of the counsel, in response to a query of the Court, tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e not inclined to record at the present stage since the writ petition is pending before the High Court . It would suffice to note that it has been urged on behalf of the appellant that the extension of the age of retirement to sixty-five years would not be applicable to the first respondent having regard to the provisions, inter alia, contained in Rule 34(a) of the applicable rules. 6 On the other hand Mr. Manish Verma, learned counsel appearing on behalf of the first respondent submitted that for all intents and purposes, the first respondent though designated as Research Officer, has performed the duties of a medical doctor and hence the policy decision which was taken by the Union Government to extend the age of retirement to sixty-five ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed at the interim stage, though the OA has been dismissed by the Tribunal. The answer to that is in the negative. 8 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. We find merit in the submission. If the first respondent were to ultimately succeed before the High Court in the challenge to the order of the Tribunal, necessary consequences would follow. How ..... X X X X Extracts X X X X X X X X Extracts X X X X
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