Supreme Court - Daily Orders
Uoi vs Gandiba Behera on 23 October, 2018
Bench: Chief Justice, Sanjay Kishan Kaul
SLP(C) 13042/2014 etc.
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ITEM NO.13 COURT NO.1 SECTION XI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 13042/2014
(Arising out of impugned final judgment and order dated 03-01-2014
in WPC No. 28905/2011 passed by the High Court Of Orissa At
Cuttack)
UNION OF INDIA & ORS. Petitioners
VERSUS
GANDIBA BEHERA Respondent
WITH
C.A. No. 8979/2014 (XII)
SLP(C) No. 979/2015 (XII)
C.A. No. 9886/2014 (XII)
C.A. No. 8674/2015 (XII)
S.L.P.(C)...CC No. 20557-20558/2015 (XII)
C.A. No. 2825/2016 (XII)
C.A. No. 5008/2016 (XVI)
SLP(C) No. 16767/2016 (XVI)
(I.A. NO. 117124/2017-CLARIFICATION/DIRECTION)
C.A. No. 8379/2016 (XVI)
C.A. No. 10355/2016 (IV-A)
C.A. No. 10801/2016 (XVI)
Diary No(s). 13464/2018 (XII)
(IA No.55727/2018-CONDONATION OF DELAY IN FILING)
SLP(C) No. 16615/2018 (XVI)
Date : 23-10-2018 This matter was called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
For Petitioners
Mr. Atmaram N.S. Nadkarni, ASG
Mr. Vikramjit Banerjee, ASG
Mr. Merusagar Samantray, Adv.
Mr. Shankar Divate, Adv.
Mr. Leelesh Krishna, Adv.
Mr. Nachiketa Joshi, Adv.
Signature Not Verified Mr. Gurmeet Singh Makker, AOR
Digitally signed by
DEEPAK GUGLANI Mr. Arvind Kumar Sharma, AOR
Date: 2018.10.23
17:12:23 IST
Reason:
Mrs. Anil Katiyar, AOR
For Respondent
Mr. Yasobant Das, Sr. Adv.
Mr. Mukesh K. Giri, Adv.
SLP(C) 13042/2014 etc.
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Mr. Ankit Khera, Adv.
Mr. Jitendra Mohapatra, Adv.
Mr. M.A. Aleemmajid, Adv.
Mr. Kedar Nath Tripathy, AOR
Mr. N. Swaminathan, Adv.
Mr. V.N. Raghupathy, AOR
Mr. K.S. Lathar, Adv.
Mr. Sandiv Kalia, Adv.
Ms. Reena Rao, Adv.
Mr. Nand Ram, Adv.
Dr. Sushil Balwada, AOR
Mr. Beno Bencigar, Adv.
Mr. Sanjay Kumar Visen, AOR
Mrs. K. Sarada Devi, AOR
Mr. I.V. Kasyap, Adv.
Mr. Amarjeet Singh Dheman, Adv.
Mr. P.R. Kovilan, Adv.
Ms. Jubli Momalia, Adv.
Mrs. Geetha Kovilan, AOR
Mr. Vijay Prakash, Adv.
Mr. Abid Ali Beeran P, AOR
Mr. S.K. Sinha, AOR
Mr. Rattan Lal, Adv.
Mr. R.S. Singh, Adv.
Ms. Seema Kashyap, Adv.
Mr. S.R. Setia, AOR
UPON hearing the counsel the Court made the following
O R D E R
In the Compilation of Judgments filed on behalf of the respondents, there is an order of the High Court of Karnataka, Circuit Bench at Gulbarga, dated 17.6.2011 and also an order of the Central Administrative Tribunal, Principal Bench, dated 17.11.2016. In the order dated 17.11.2016 passed by the Central Administrative Tribunal, Principal Bench, while dealing with a similar matter, the learned Tribunal had issued the following directions:-
SLP(C) 13042/2014 etc. 3 “(a) For all Gramin Dak Sevaks, who have been absorbed as regular Group ‘D’ staff, the period spent as Gramin Dak Sevak will be counted in toto for the purpose of pensionary benefits.
(b) Pension will be granted under the provisions of CCS (Pension) Rules, 1972 to all Gramin Dak Sevaks, who retire as Gramin Dak Sevak without absorption as regular Group ‘D’ staff, but the period to be counted for the purpose of pension will be 5/8th of the period spent as Gramin Dak Sevak. Rule 6 will accordingly be amended.
(c) The Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 are held to be valid except Rule 6, as stated above.
(d) The claim of Gramin Dak Sevaks for parity with regular employees regarding pay and allowances and other benefits available to regular employees, stands rejected.” Before proceeding any further, we would like to be apprised by Mr. Atmaram N.S. Nadkarni, learned Additional Solicitor General of India as to whether the orders of the Karnataka High Court and the Central Administrative Tribunal, referred to above, have been subjected to challenge by the Union of India before the appropriate forum and if so, the consequences thereof.
Mr. Nadkarni is also requested to inform the Court as to whether in the absence of any challenge, the directions issued, particularly those by the Central Administrative Tribunal by its order dated 17.11.2016, have been implemented by the Union of India.
Let the matter be listed after four weeks, by which time the information shall be furnished before this Court.
(Deepak Guglani) (Asha Soni)
Court Master Assistant Registrar