Supreme Court - Daily Orders
Radha Krishnan Nair K.M vs U.O.I on 17 November, 2015
Bench: V. Gopala Gowda, Amitava Roy
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 13445 OF 2015
(Arising out of S.L.P. (C) No. 29908 of 2013)
RADHA KRISHNAN NAIR K.M & ORS. ... APPELLANT(S)
VERSUS
U.O.I & ORS ...RESPONDENT(S)
WITH
CIVIL APPEAL NO. 13446/2015 @ SLP(C) No. 35822/2013
CIVIL APPEAL NO. 13447/2015 @ SLP(C) No. 11359/2014
CIVIL APPEAL NO. 13449/2015 @ SLP(C) No. 23051/2015
CIVIL APPEAL NO. 13450/2015 @ SLP(C) No. 23050/2015
O R D E R
S.L.P. (C) No. 29908/2013:
Leave granted.
We have heard Mr. Guru Krishna Kumar, learned senior counsel appearing for the appellants and Mr. R. Balasubramanium, learned counsel appearing on behalf of the Union of India/Respondents.
After hearing learned counsel for the parties for a long time, we are satisfied that the impugned judgment need not be interfered with either at the instance of the appellants or the Union of India/Respondents. It would be suffice for this Court to restore the judgment and order dated 23.08.2012 passed by the learned Single Judge of the High Court in Signature Not Verified Digitally signed by Sushil Kumar Rakheja Date: 2015.11.19 Writ Petition (C) No. 277 (SH) of 2010 except modifying 16:53:48 IST Reason: the operative portion of the judgment and order at paragraph 14 by deleting the words “or any other date 2 as the authority deem it fit and proper”.
Since we have restored the judgment and order of the learned Single Judge with the abovesaid modification, regard being had to the time granted to the Union of India to comply with the Order is long back over, we direct the Union of India/respondents to comply with the Order of the learned Single Judge within four months.
The appeal is disposed of in the aforesaid terms. SLP(C) No. 35822/2013, SLP(C) No. 11359/2014, SLP(C) No. 23051/2015 and SLP(C) No. 23050/2015:
Leave granted.
In view of the order passed in the Civil Appeal arising out of S.L.P.(C) No. 29908 of 2013, as above, the Civil Appeal arising out of S.L.P.(C) No. 11359/2014 titled as “Surendra Kumar & Ors. vs. Union of India & Ors.” is disposed of in the same terms, directions and observations and the Civil Appeals arising out of S.L.P.(C) Nos. 35822/2013, 23051/2015 and 23050/2015 filed by the Union of India & Ors. are dismissed.
...........................J. (V. GOPALA GOWDA) ..........................J. (AMITAVA ROY) NEW DELHI, NOVEMBER 17, 2015 3 ITEM NO.7 COURT NO.11 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 29908/2013 (Arising out of impugned final judgment and order dated 30/04/2013 in WA No. 40/2012 passed by the High Court of Meghalaya) RADHA KRISHNAN NAIR K.M & ORS Petitioner(s) VERSUS U.O.I & ORS Respondent(s) (With office report) (For Final Disposal) WITH SLP(C) No. 35822/2013 SLP(C) No. 11359/2014 (With Office Report) SLP(C) No. 23051/2015 (With Office Report) SLP(C) No. 23050/2015 (With Office Report) Date : 17/11/2015 These petitions were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. R. Balasubramanium, Adv. SC 35822/13, Ms. Sunita Sharma, Adv. SC 23051/15 & Ms. Sushma Suri, Adv. SC 23050/15 Mr. B. Krishna Prasad,Adv.
SC 29908/13 Mr. Guru Krishna Kumar, Sr. Adv.
Mr. Hiren Dasan, Adv.
Mr. Avinash Singh, Adv.
Mr. Chand Qureshi, Adv.
Mrs Sarla Chandra,Adv.
SC 11359/14 Mr. Uday Gupta, Adv.
Mr. Dharmendra Kumar Sinha,Adv.
For Respondent(s) Mr. R. Balasubramanium, Adv. SC 29908/13 & Ms. Sunita Sharma, Adv. SC 11359/14 Ms. Sushma Suri, Adv.
Mr. B. Krishna Prasad,Adv.4
SC 35822/15 Mr. Guru Krishna Kumar, Sr. Adv.
Mr. Hiren Dasan, Adv.
Mr. Avinash Singh, Adv.
Mr. Chand Qureshi, Adv.
Mrs Sarla Chandra,Adv.
SC 23050/15 & Mr. Arunabh Chowdhury, Adv. SC 23051/15 Mr. Parthiv K. Goswami, Adv.
Mr. Vaibhav Tomar, Adv.
Mr. Pratim Pathak, Adv.
Mr. Vinod Sharma, Adv.
Mr. Niraj Jha, Adv.
Ms. Diksha Rai, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The civil appeals arising out of S.L.P.(C) Nos. 29908/2013 and 11359/2014 are disposed of and the Civil Appeals arising out of S.L.P.(C) Nos. 35822/2013, 23051/2015 and 23050/2015 filed by the Union of India & Ors. are dismissed in terms of the signed order.
(S. K. RAKHEJA) (MALA KUMARI SHARMA)
COURT MASTER COURT MASTER
(Signed order is placed on the file)