Supreme Court - Daily Orders
Abokare.K. vs State Of Kerala . on 5 October, 2015
Bench: Fakkir Mohamed Ibrahim Kalifulla, Uday Umesh Lalit
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8258 OF 2015
(ARISING FROM SLP (C) NO.6587/2015)
ABOKARE.K. APPELLANT(S)
VERSUS
STATE OF KERALA & ORS. RESPONDENT(S)
O R D E R
Leave granted.
The grievances of the appellant in this appeal are actually covered by our judgment dated 8.1.2015 passed in C.A. Nos.226-227/2015 (Swapna Sukumar & Others v. State of Kerala and Others), paragraphs 14 and 15 of the same are to the following effect:-
“14. The names of the appellants in the Ranking List dated 14th June, 2011, 18th October, 2011, 28th November, 2012, 28th December, 2011, 4th January, 2012, 2nd February, 2012, 6th February, 2012, 15th February, 2012, 21st February, 2012 and 12th March, 2012, shall stand restored and the respondents are directed to operate the said Ranking List on its own merits and wherever it find the appellants suitable and vacancies remain, appointment order shall be Signature Not Verified issued expeditiously. The first Digitally signed by Narendra Prasad Date: 2015.10.08 16:57:50 IST respondent and the second Reason: respondent-Commission shall carry out 1 the above-said exercise in accordance with the procedure prescribed expeditiously preferably within a period of two months.
15. We make it clear that we pass the above said order in the peculiar facts of these cases. This cannot be, however, quoted as a precedent in future recruitments. Since the appellants were fighting this litigation by approaching the Tribunal at the earliest point of time and have come up to this Court, it is needless to state that the expiry of the Ranking List should not stand in the way for considering the names of the appellants for issuing the appointment orders in accordance with the procedure prescribed as directed in this order.” Following the said directions, we direct that the name of the appellant in the Ranking List dated 14.6.2011 shall stand restored and the respondents are directed to operate the said Ranking List on its own merits and wherever it finds the appellant suitable and vacancies remain, appointment orders shall be issued expeditiously. Such exercise shall be carried out expeditiously, preferably within a period of two months from the date of receipt/production of a copy of this orders and follow the other directions contained in our judgment referred to above.2
With the above observations and directions, the appeal stands disposed of.
................................J. [FAKKIR MOHAMED IBRAHIM KALIFULLA] ................................J. [UDAY UMESH LALIT] NEW DELHI;
OCTOBER 05, 2015.
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ITEM NO.61 COURT NO.7 SECTION XIA
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).6587/2015
(Arising out of impugned final judgment and order dated 27/10/2014 in OP No. 3499/2012 passed by the High Court of Kerala at Ernakulam) ABOKARE.K. Petitioner(s) VERSUS STATE OF KERALA & ORS. Respondent(s) (with interim relief and office report) Date : 05/10/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. C.S. Rajan,Sr.Adv.
Mr. A. Raghunath,Adv.
Mr. Sabheesh Mohanan,Adv.
For Respondent(s) Mr. Nikilesh Ramachandran,Adv.
Mr. Neeraj Jha,Adv.
Mr. V. Shyamohan,Adv.
Mr. Vipin Nair,Adv.
Mr. P.B. Suresh,Adv.
Mr. Prithu Garg,Adv.
For M/s. Temple Law Firm UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
(NARENDRA PRASAD) (SHARDA KAPOOR)
COURT MASTER COURT MASTER
(Signed order is placed on the file) 4