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Supreme Court - Daily Orders

Union Of India vs Ajay Kumar D on 19 August, 2015

à     ITEM NO.104                          COURT NO.9               SECTION XIA

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

     Civil Appeal        No(s).       7651/2009

     UNION OF INDIA & ANR.                                         Appellant(s)

                                                  VERSUS

     AJAY KUMAR D & ANR.                                           Respondent(s)
     (With office report)

     WITH
     C.A. No. 813-814/2011
     (With directions and Office Report)

     Date : 19/08/2015          These appeals were called on for hearing today.

     CORAM :                    HON’BLE MR. JUSTICE MADAN B. LOKUR
                                HON’BLE MR. JUSTICE S.A. BOBDE

     For Appellant(s)           Mr. Rajeev Sharma,Adv.

     813-814/2011               Mr. Avijit Bhattacharjee,Adv.
                                Ms. Upma Shrivastava, Adv.
                                Mr. Dibakar Borah, Adv.

     For Respondent(s)          Ms.     Kiran Suri, Sr. Adv.
     UOI                        Ms.     Manita Verma, Adv.
                                Mr.     Nishant Patil, Adv.
                                Mr.     S.N. Terdal, Adv.

     7651/2009 (R1)             Mr.     C.S. Rajan, Sr. Adv.
                                Mr.     K.N. Bhargavan, Adv.
                                Ms.     Surekha Bhargavan, Adv.
                                Mr.     V. K. Sidharthan,Adv.

     813-814/2011(R4)           Mr. Satya Mitra Garg,Adv.
                                Ms. Manju Aggarwal, Adv.

                                Mr. D.S. Mahra, Adv.

                                Ms. Madhumita Bhattacharjee, Adv.



Signature Not Verified

Digitally signed by
Meenakshi Kohli
Date: 2015.08.21
06:03:38 IST
Reason:




                                               1
        UPON hearing the counsel the Court made the following

                                      O R D E R

C.A. No. 813-814/2011 We have heard learned counsel for the parties for some time. Learned counsel for the appellants - Harmohinder Pal Singh and Anr. submits that the decision of this case is likely to have an impact on some other diploma holders who have acquired a degree and are today working as Assistant Engineers. He makes an oral request to make them as party respondents.

His oral request is accepted. Amended memo of parties be filed within three days.

On the amended memo of parties being filed, notice may be issued to the newly added respondents returnable in four weeks. Ms. Kiran Suri, learned counsel appearing on behalf of the Union of India says that she would like to file an additional affidavit. She may do so within a week.

Reply, if any, to the additional affidavit may be filed thereafter.

Learned counsel for the Union of India says that there are a large number of posts of Executive Engineer that are lying unfilled because of the interim order passed by this Court on 17.01.2011. We modify the interim order and permit the Union of India to make the promotions to the post of Executive Engineer. However, we make it clear that the promotions will be subject to the outcome of this appeal.

(Meenakshi Kohli)                                       (Jaswinder Kaur)
  COURT MASTER                                            COURT MASTER




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