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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA                     CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.13695 OF 2015           (Arising out of SLP(C)No.21823 Of 2012)

    CHIEF SECRETARY OF GOVERNMENT OF       KARNATAKA & ORS.                          ... APPELLANT(S)  

               VS.

    M.HABEEB (D) BY LRS.                     ... RESPONDENT(S)

    J U D G M E N T

ANIL R. DAVE, J.

1. Leave granted.

2. The order dated 5th July, 2012, passed by the High  

Court of Karnataka at Bangalore, passed in W.P.No.8608/2011  

has been challenged in this appeal.

3. By  virtue  of  the  said  order,  the  High  Court  has  

directed that the order dated 15th April, 2008 passed in  

W.P.No.3502/2006 by the learned Single Judge of the High  

Court be implemented.

4. It  is  an  admitted  fact  that  the  order  dated  15th  

April, 2008 has been challenged by the present appellants-  

the State of Karnataka by filing a writ appeal and the said  

appeal is still pending.  In view of the said fact, we are  

of the view that first of all that writ appeal should be  

finally decided and till then, the impugned order should  

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not have been passed.  We clarify that any observation made  

in the impugned order shall not be taken into account by  

the High Court and the writ appeal shall be finally decided  

on its merits.

5. The impugned order is set aside and the appeal is  

disposed  of  with  the  above  observations.  Pending  

application, if any, stands disposed of.

6. There shall be no order as to costs.

       ..............J.

[ANIL R. DAVE]

..............J. [ADARSH KUMAR GOEL]

New Delhi; 24th November, 2015.

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