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Supreme Court - Daily Orders

Kerala Public Service Commission vs Yesudas . on 17 April, 2014

°#TRANSFER PETITION (CIVIL) NO. 1929 OF 2013

                                                        1

                        IN THE SUPREME COURT OF INDIA

                             CIVIL ORIGINAL JURISDICTION

         TRANSFER PETITION (CIVIL) NO. 1929 OF 2013

KERALA PUBLIC SERVICE COMMISSION                                               Petitioner(s)

                                                       VERSUS

YESUDAS & ORS.                                                                 Respondent(s)




                                         O       R      D      E   R



               This transfer petition has been filed seeking

 transfer        of          proceedings                pertaining            to      Writ         Appeal

 No.     865          of        2013           titled          Kerala         Public             Service

 Commission and Another Vs. Yesudas and Others pending

 before the High Court of Kerala to this Court.

 2.            Notice            of      the           Transfer         Petition           has      been

 served on the respondents. Despite service of notice,

 respondents have chosen not to appear and contest the

 Transfer Petition.

 3.            We       have      carefully                  considered        the         averments

 made   in       the    Transfer           Petition                     and    it        transpires
TRANSFER PETITION (CIVIL) NO. 1929 OF 2013

                                                2

 therefrom that the issues which have been raised in

 Writ Appeal No. 865 of 2013 pending before the High

 Court of Kerala are identical to the issues raised in

 Civil Appeal Nos. 1802-1806 of 2010, Kerala Public

 Service        Commission             Vs.      K.N.        Radhamani              and          Ors.,

 pending adjudication before this Court.

 4.         We are, therefore, satisfied that interest of

 justice shall be subserved if the above Writ Appeal is

 transferred          from     the      High           Court       of     Kerala         to      this

 Court      for         hearing                along        with           Civil              Appeal

 Nos. 1802-1806 of 2010.
 5.          We, accordingly, allow the Transfer Petition

 and transfer Writ Appeal No. 865 of 2013 titled Kerala

 Public Service Commission and Another                                 Vs.       Yesudas

 and Others pending before the High Court of Kerala to

 this Court.

 6.          The Registrar General of the High Court of

 Kerala      is      directed       to            transmit       the    record        and

 proceedings of the transferred case to this Court.

 7.          Upon receipt of record and proceedings of the

 transferred case, the Registry of this Court shall

 register it as Transferred Case and list along with

 Civil Appeal Nos. 1802-1806 of 2010.
TRANSFER PETITION (CIVIL) NO. 1929 OF 2013

                                          3



 8.          No costs.


                                         .........................J.
                                         ( R.M. LODHA )



                                  .........................J.
 NEW DELHI;                       ( KURIAN JOSEPH )
 APRIL 17, 2014.
    TRANSFER PETITION (CIVIL) NO. 1929 OF 2013

                                              4

ITEM NO.43                         COURT NO.2                SECTION XVIA

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

TRANSFER PETITION (CIVIL.) NO(s). 1929 OF 2013

KERALA PUBLIC SERVICE COMMISSION                              Petitioner(s)

                        VERSUS

YESUDAS & ORS.                                                Respondent(s)

(With appln(s) for stay and office report )

Date: 17/04/2014         This Petition was called on for hearing today.

CORAM :
          HON’BLE MR. JUSTICE R.M. LODHA
          HON’BLE MR. JUSTICE KURIAN JOSEPH

For Petitioner(s)           Mr. V. Giri, Sr. Adv.
                            Mr. P.B. Suresh, Adv.
                            Mr. Vipin Nair, Adv.
                        Mr. Udayaditya Banerjee, Adv. for
                        M/S. Temple Law Firm,Adv.

For Respondent(s)


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

Transfer Petition is allowed and Writ Appeal No. 865 of 2013 titled Kerala Public Service Commission and Anr. Vs. Yesudas and Ors. pending before the High Court of Kerala is transferred to this Court in terms of the signed order. List the Transferred Case along with Civil Appeal Nos. 1802-1806 of 2010.

             (Rajesh Dham)                          (Renu Diwan)
              Court Master                          Court Master

(signed order is placed on the file)