DIR. GEN. BORDER SECURITY FORCE Vs. SANTOSH KAK

JUDGEMENT

(1.) At the very outset, Mr. P. N. Raina, learned Senior Counsel appearing for the respondent No. 1, submits that respondent No. 1 has already attained the age of superannuation and has been paid salary for the period he worked with the appellants. It is, therefore, contended that the adjudication of this intra-court appeal would be merely an academic exercise as the present appeal has been rendered infructuous.

(2.) Faced with this situation, Mr. Ajay Sharma, learned Senior Counsel for the appellants, submits that issue in respect of maintainability of the writ petition against the BSF Senior Secondary School, Paloura, Jammu be kept open and present appeal may accordingly be disposed of.

(3.) In view of the submissions made by the learned counsel for the parties, the present appeal is disposed of for having been rendered infructuous, leaving the issue of maintainability of writ petition against BSF Senior Secondary School, Paloura, Jammu open and to be considered in some other appropriate case.