Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

Union Of India Secretary vs R G Yadav on 22 November, 2017

Bench: Adarsh Kumar Goel, Uday Umesh Lalit

                                                        1

     ITEM NO.1                                 COURT NO.11                    SECTION XIV

                                   S U P R E M E C O U R T O F            I N D I A
                                           RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                      No(s).     25769/2014

     (Arising out of impugned final judgment and order dated 29-08-2013
     in WP No. 3677/2013 passed by the High Court Of Delhi At New Delhi)

     UNION OF INDIA THR. SECRETARY & ORS.                                      Petitioner(s)

                                                       VERSUS

     R G YADAV & ORS.                                                          Respondent(s)

     Date : 22-11-2017 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
                             HON'BLE MR. JUSTICE UDAY UMESH LALIT

     For Petitioner(s)                   Ms.   Kiran Suri,Sr.Adv.
                                         Mr.   Surender Kumar Gupta,Adv.
                                         Mr.   V.V.S. Pattabhiram,Adv.
                                         Mr.   Raj Bahadur,Adv.
                                         Mr.   M.K. Maroria,AOR

     For Respondent(s)                   Mr. A.K. Behra,Adv.
                                         Ms. Meenu Mainee,Adv.
                                         Mr. Bikash Chandra,adv.
                                         Mr. I.M. Singh,Adv.
                                         Mrs. Rani Chhabra, AOR

                         UPON hearing the counsel the Court made the following
                                           O R D E R

We have heard learned counsel for the parties. Mr. A.K. Behra, learned counsel for the respondents, makes a statement that claim of the respondents is limited to the financial benefits upto 31st December, 2005. As a result of the impugned order, they will not be entitled to make any claim for Signature Not Verified period post 31st December, 2005. In other words, no spread Digitally signed by MAHABIR SINGH Date: 2017.11.23 10:31:33 IST Reason: effect, including the seniority, will be affected as a consequence of the impugned order.

We have noted the decision of this Court in Union of India and Ors v. Tarsem Singh, (2008) 8 SCC 648 to the effect that in belated claim relief of arrears should be restricted to three years prior to date of filing petition before the High Court but seniority and promotion should not be disturbed belatedly.

In view of above, while upholding the impugned order, we clarify that the respondents shall not be entitled to any other relief except the financial benefit upto 31st December, 2005 in compliance of the impugned order.

The special leave petition is accordingly disposed of. Pending applications, if any, shall also stand disposed of.

(MAHABIR SINGH)                           (PARVEEN KUMARI PASRICHA)
 COURT MASTER                                  COURT MASTER