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The Collector,Damoh . vs Sushil Kumar Jain on 25 September, 2019

Bench: Mohan M. Shantanagoudar, Ajay Rastogi

                                          IN THE SUPREME COURT OF INDIA

                                          CIVIL APPELLATE JURISDICTION

                                        CIVIL APPEAL NO. 7647 OF 2019
                                  (Arising out of SLP (C) No.39517 of 2013)


      THE COLLECTOR, DAMOH & ORS.                                          … Appellants

                                                     VERSUS

      SUSHIL KUMAR JAIN & ORS.                                             … Respondents



                                                    O R D E R

Leave granted.

This Court vide order dated 28.10.2013 wanted to know as to how much compensation the State is agreeable to give to Respondent No.1 in lieu of providing appointment.

The State has filed a reply making it clear that it is willing to pay a compensation to the tune of Rs.12,26,000/- (Rupees twelve lac twenty six only) to the respondent.

The first appellate Court and the High Court, on merits, have decreed the suit in favour of the respondent concluding that the respondent was not at fault and, on the contrary, the clerk of the State, who was in-charge of receiving the application, has committed the fault by misplacing the application filed by the respondent.

Digitally signed by GULSHAN KUMAR ARORA Date: 2019.10.01 17:33:50 IST Reason:

Be that as it may, since much water has flown from 1986 till this date, we do not propose to direct the State Government to  2 appoint the respondent at this stage, particularly, when the respondent must have crossed the age of 50 years.

In our considered opinion, interest of justice would be met in case the appellant-State is directed to pay a compensation of Rs.20,00,000/- (Rupees twenty lac only) to the respondent towards full and final settlement of the respondent’s claim. No further litigation will be entertained on the subject. Ordered accordingly. The amount of compensation shall be paid by the appellant-State in favour of the respondent within eight weeks from today.

The appeal stands disposed of accordingly. There shall be no order as to costs.

……………………………………………………………………,J. (Mohan M. Shantanagoudar) ……………………………………………………………………,J. (Ajay Rastogi) New Delhi;

September 25, 2019.

ITEM NO.2 COURT NO.11 SECTION IV-A 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). 39517/2013 (Arising out of impugned final judgment and order dated 08-08-2012 in SA No. 812/2010 passed by the High Court Of M.p Principal Seat At Jabalpur) THE COLLECTOR,DAMOH . & ORS. Petitioner(s) VERSUS SUSHIL KUMAR JAIN & ORS. Respondent(s) Date : 25-09-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Mr. Sunil Fernandes, AAG Mr. Zeeshan Diwan, Adv.

Mr. Nupur Kumar, Adv.

Mr. Pryansha Sharma, Adv.

Mr. Rahul Kaushik, AOR For Respondent(s) Mr. Yogesh Tiwari, Adv.

Ms. Anjali Dubey, Adv.

Mr. Sanjay K. Agrawal, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal stands disposed of in terms of the signed order. There shall be no order as to costs.

(GULSHAN KUMAR ARORA)                              (R.S. NARAYANAN)
     COURT MASTER                                     COURT MASTER

(Signed order is placed on the file)