Supreme Court - Daily Orders
Ravinder Singh vs Unon Of India on 21 April, 2015
Bench: Dipak Misra, R.K. Agrawal, Prafulla C. Pant
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO.156/2015
RAVINDER SINGH & ORS. PETITIONER(S)
VERSUS
UNION OF INDIA & ORS. RESPONDENT(s)
WITH
W.P.(C) No. 38/2013
W.P.(C) No. 308/2012
W.P.(C) No. 28/2013
O R D E R
It is submitted by Mr. Mukesh Giri, learned counsel appearing on behalf of the petitioners that the controversy is covered by the decision rendered in Writ Petition (C) No. 17 of 2009, titled Vinod Kumar Saxena & Ors. v. Union of India & Ors. decided by this Court vide order dated 09.12.2014. The same reads as under:
“On 2.12.2013, this Court had passed the following order :
“It is submitted by Mr.Mukesh K. Giri, learned counsel appearing for the petitioners that the Union of India has framed a set of rules called Department of Posts Multi Tasking Staff Recruitment Rules, 2010, by which the Department of Posts (Group 'D' posts) Recruitment Rules, 2002, has been superseded. He has drawn our attention to tht part of the Rule which states as follows :Signature Not Verified
'Gramin Dak Sevaks are holders of civil Digitally signed by Vinod Kumar Date: 2015.04.23 15:40:58 IST Reason: posts but they are outside the regular civil service due to which their appointment appointment will be by direct recruitment.' It is submitted by him that in view of the 2 aforesaid declaration under the Rules, the petitioners can agitate their other grievances before the Central Administrative Tribunal.
Mr. J.S. Attri, learned senior counsel appearing for the Union of India, shall obtain instructions in the matter.
List the writ petitions along with I.A. No.1 filed by National Federation of Postal Employees in W.P.(C) No.17 of 2009, next Tuesday (09.12.2014).” Mr. Attri, learned counsel appearing for Union of India has fairly stated that the petitioners hold civil posts and under the law and, therefore, their grievance can be mitigated before the Central Administrative Tribunal. Learned counsel further stated that in view of the amended rules, that is the legal position and we are inclined to think, the submission is absolutely in consonance with law and accordingly, we accept it.
In view of the aforesaid analysis , the writ petitioners are treated as civil post holders and, therefore, they can agitate their grievances, what they have put forth in this writ petition, before the Central Administrative Tribunal, Principal Bench, New Delhi and the tribunal shall advert to the same in their proper perspective.
Mr. Mukesh Giri, learned counsel for the petitioners, submitted that he will present the application before the Central Administrative Tribunal within six weeks from today. If such application is filed, the tribunal would be well advised to decide the same in accordance with law within a period of six months.
The writ petitions are accordingly disposed of.
IA No.1 – Application for intervention We are of the considered opinion, in the present case, the assertions made in the intervention application should not be adverted to. It is open to the Association/Federation to seek its own relief in accordance with law.3
Needless to say, if any
Association/Federation has any grievance
pertaining to the grievances of the employees after the 2002 rules have come into force, has to approach the Tribunal as laid down by the larger Bench in L. Chandra Kumar vs. Union of India & Ors. [(1997) 3 SCC 261].
I.A. is accordingly disposed of.” In view of the above, we are of the considered opinion that the benefits given in the aforesaid writ petition shall apply on in all fours to the petitioners herein.
The writ petitions are accordingly disposed of in the aforesaid terms. No order as to costs.
................J. (DIPAK MISRA) ..................J. (R.K. AGRAWAL) ..................J. (PRAFULLA C. PANT) NEW DELHI, APRIL 21, 2015 4 ITEM NO.3 COURT NO.5 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 156/2015 RAVINDER SINGH AND ORS Petitioner(s) VERSUS UNION OF INDIA AND ORS Respondent(s) (with office report) WITH W.P.(C) No. 38/2013 (With Office Report) W.P.(C) No. 308/2012 (With Office Report) W.P.(C) No. 28/2013 (With Office Report) Date : 21/04/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE R.K. AGRAWAL HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Mukesh K. Giri,Adv.
Mr. Raji Pal Singh, Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The petitions are disposed of in terms of the signed order.
(VINOD KR.JHA) (H.S. PARASHER)
COURT MASTER COURT MASTER
(Signed order is placed on the file)