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Supreme Court - Daily Orders

State Of U.P. Cooperatives Department ... vs Paras Nath Singh Yadav on 15 November, 2021

Bench: S. Abdul Nazeer, Krishna Murari

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                                 IN THE SUPREME COURT OF INDIA
                                 CIVIL APPELLATE     JURISDICTION

                          Miscellaneous Application No.    971 OF 2020
                                             IN

                               CIVIL APPEAL   No(s). 11813 OF 2016



     STATE OF U.P. COOPERATIVES DEPARTMENT THROUGH PRINCIPAL SECRETARY &
     ANR.                                     Applicant (s)/Appellant(s)


                                              VERSUS



     PARAS NATH SINGH YADAV & ORS.                                  Respondent(s)

                                              with

                          Miscellaneous Application No.    1094 OF 2020

                                              IN

                               CIVIL APPEAL   No(s). 11813 OF 2016

                                              with

                          Miscellaneous Application No.    1846 OF 2020

                                              IN

                               CIVIL APPEAL   No(s). 11813 OF 2016



                                          O R D E R

IN M.A. 971/2020 IN C.A. 11813 OF 2016 Signature Not Verified On 14.01.2020, this Court passed the following Digitally signed by Neelam Gulati Date: 2021.11.17 16:49:00 IST Reason: order in the Appeal(s):

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“There are only two private party respondents (one in each Appeal) who have already retired.
Having regard to the peculiar facts and circumstances of the cases, we decline to entertain these Appeals, which are accordingly dismissed. However, the question of law is kept open.” Now the appellants/applicants have filed an application for clarification of the above order passed by this Court on 14.01.2020.
It is clear from the above order dated 14.01.2020 that on peculiar facts and circumstances of the cases, we had declined to entertain the appeals.

The said order is applicable to only two of the retired employees, who were private party respondents, one in each Appeal.

Application for clarification is disposed of. M.A. stands disposed of.

IN M.A. 1094/2020 IN C.A. 11813 OF 2016 Learned counsel for the applicants is permitted to withdraw the application for Intervention. Application for intervention is accordingly dismissed as withdrawn.

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M.A. stands disposed of accordingly. Pending applications, if any, also stand disposed of.

IN M.A. 1846/2020 IN C.A. 11813 OF 2016 On 14.01.2020, this Court dismissed the C.A. No. 11813 of 2016 alongwith C.A. 11932 of 2016, on peculiar facts and circumstances of the the cases, leaving the question of law open. Therefore, we decline to entertain the application for Intervention, the same is accordingly dismissed. However, applicants are at liberty to pursue the matter before the High Court/appropriate forum for appropriate relief.

M.A. stands disposed of consequently. Pending applications, if any, also stand disposed of.

.............................J. ( S. ABDUL NAZEER) .............................J. ( KRISHNA MURARI) NEW DELHI NOVEMBER 15, 2021 4 ITEM NO.2 Court 7 (Video Conferencing) SECTION III-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No. 971/2020 in C.A. No. 11813/2016 STATE OF U.P. COOPERATIVES DEPARTMENT THROUGH PRINCIPAL SECRETARY & ANR. Petitioner(s) VERSUS PARAS NATH SINGH YADAV & ORS. Respondent(s) (FOR ADMISSION and IA No.34587/2020-CLARIFICATION/DIRECTION IA No. 34587/2020 - CLARIFICATION/DIRECTION) WITH MA 1094/2020 in C.A. No. 11813/2016 (III-A) FOR APPLICATION FOR PERMISSION ON IA 53967/2020 FOR INTERVENTION APPLICATION ON IA 53968/2020 FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 53976/2020 FOR EXEMPTION FROM FILING O.T. ON IA 72680/2020 FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 72682/2020 IA No. 53967/2020 - APPLICATION FOR PERMISSION IA No. 72682/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 53976/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 72680/2020 - EXEMPTION FROM FILING O.T. IA No. 53968/2020 - INTERVENTION APPLICATION) MA 1846/2020 in C.A. No. 11813/2016 (III-A) FOR APPLICATION FOR PERMISSION ON IA 98721/2020 FOR INTERVENTION APPLICATION ON IA 98722/2020 FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 98724/2020 IA No. 98721/2020 - APPLICATION FOR PERMISSION IA No. 98724/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 98722/2020 - INTERVENTION APPLICATION) Date : 15-11-2021 These matters were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. Anupam Mishra, AOR Mr. Jenis V. Francis, Adv.
Mr. Hari Kumar V., Adv.
Mr. Tushar Mehta, SG Mrs. Rachna Gupta, AOR 5 Mr. Sahil Tagotra, AOR For Respondent(s) Mr. Asad Alvi, Adv.
Ms. Saba A.K. Patel, Adv.
Mr. Satya Mitra, AOR Mr. Sunil Kumar Jain, AOR UPON hearing the counsel the Court made the following O R D E R M.A. 971/2020 IN C.A. 11813 OF 2016 Application for clarification is disposed of. M.A. is disposed of in terms of the signed order.
M.A. 1094/2020 IN C.A. 11813 OF 2016 Application for Intervention is dismissed as withdrawn.
M.A. is disposed of in terms of the signed order.
M.A. 1846/2020 IN C.A. 11813 OF 2016 Application for intervention is dismissed. M.A. is disposed of in terms of the signed order.
(NEELAM GULATI) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) (Signed order is placed on the file)