Supreme Court - Daily Orders
Union Of India vs N Gopalakrishnan on 8 June, 2023
Bench: Vikram Nath, Sanjay Kumar
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 8666/2015
UNION OF INDIA & ORS. APPELLANT(S)
VERSUS
N. GOPALAKRISHNAN RESPONDENT(S)
O R D E R
1. No one is present on behalf of the respondent, despite due service of notice right from the very beginning of this case.
2. It would also be relevant to state here that the judgment of the High Court, impugned in the present appeal, was stayed by this Court vide order dated 01.12.2014 while issuing notice and further when leave was granted by order dated 12.10.2015, this Court continued the interim order till the orders to the contrary.
3. The High Court, by the impugned order, has allowed the writ petition, set aside the order of the Central Administrative Tribunal, and directed the respondent(s) to consider the application of the petitioner therein under the terms of the Scheme.
4. Mr. R. Balasubramanian, learned senior counsel appearing Signature Not Verified Digitally signed by Narendra Prasad Date: 2023.06.09 for the appellants, informs that the Scheme in question has 16:36:24 IST Reason: since been held to be violative of Articles 14 and 16 of the 1 Constitution of India in a series of decisions of this Court. He has placed reliance upon a judgment of this Court in the case of Chief Personnel Officer, Southern Railways and Others v. A. Nishanth George1. This Court after considering the history of the said scheme and also the relevant case laws on the point set aside the judgment of the Madras High Court, whereby similar directions had been issued.
5. In that view of the matter, the impugned judgment of the High Court cannot be sustained. The impugned judgment of the High Court is set aside, the order of the Central Administrative Tribunal is maintained. The present appeal is, accordingly, allowed.
6. Pending application(s), if any, shall stand disposed of.
..............................J ( VIKRAM NATH ) ..............................J ( SANJAY KUMAR ) NEW DELHI;
JUNE 08, 2023
1 (2022) 11 SCC 678
2
ITEM NO.115 COURT NO.7 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
Civil Appeal No(s). 8666/2015
UNION OF INDIA & ORS. Appellant(s)
VERSUS
N. GOPALAKRISHNAN Respondent(s)
Date : 08-06-2023 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE SANJAY KUMAR (VACATION BENCH) For Appellant(s) Mr. R. Balasubramanian, Sr.Adv.
Mr. Amrish Kumar, AOR Mrs. Alka Agrawal, Adv.
Mr. Atulesh Kumar, Adv.
Mrs. Swarupama Chaturvedi, Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The appeal is allowed, in terms of the signed order.
(NARENDRA PRASAD) (RANJANA SHAILEY) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) (Signed order is placed on the file) 3