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1 - 10 of 15 (0.57 seconds)Article 21 in Constitution of India [Constitution]
M.V. Subramanyam And Anr. vs Union Of India (Uoi) And Ors. on 6 July, 2001
In fact, the action of the respondents in denying the
benefits of aforesaid judgments inspite of clear observation by the
Court that the judgment of M. Subramaniam (supra) is to be
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complied in rem and not to be treated as in personam, is in
violation of the National Litigation Policy, the aim of which itself is to
transform Government into an efficient and responsible litigant. The
respondents, by refusing to fully acknowledge the impact of the
decision in the judgment confirmed by the Apex Court seem to be
paving the way for multiplicity of litigation which by itself is not a
desirable state of affairs particularly when the premier departments
are involved.
Surendra Singh Negi And Ors. vs Union Of India (Uoi) And Ors. on 2 March, 1998
7. It is noted that the issue involved in the present original
applications have already been settled in number of cases. This Tribunal
in the order dated 23.11.2022 passed in OA No. 200/758/2022 -
Surendra Singh and others Vs. U.O.I & Ors while granting similar relief
taking into consideration the order dated 13.09.2018 passed in OA No.
200/24/2015 has observed the following: -
Ravi Dutt And Ors vs Union Of India And Ors on 18 January, 2019
9. Learned counsel for the applicants has placed reliance on the
orders passed by the Principal Bench of this Tribunal in OA
No.3768/2018 decided on 06.01.2022 (Ravi Dutt Shankar &
others vs. Union of India & others), which has been filed along
with MA No.200/83/2022, wherein it has been held that the
judgment of M. Subramaniam (supra) is to be complied in rem
and not to be treated as in personam. The relevant pargraphs of
the judgment are reproduced below:
T.D. Subramaniam Alias Satyapalan vs Union Of India (Uoi) And Ors. on 28 July, 1981
"10. We are of the considered view that the issue raised in this
OA is no more res integra as the same has already been decided by
the Hon'ble High Court of Madras in W.P. (C) No.13225/2010 - M.
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Subramaniam v. Union of India & Ors., which has also been
affirmed by the Hon'ble Supreme Court. We find from the judgment
that the Hon'ble Madras High Court has clarified as to how four
years regular service is to be counted for the purpose of granting
non-functional upgradation to Group B officer. The relevant portion of
the judgment of the Hon'ble High Court of Madras is reproduced
below for convenience:
Suresh Chandra Sharma vs Union Of India on 26 August, 2016
11. The learned counsel for the applicants have demonstrated
that the Coordinate Benches of the Tribunal at Madras in OA
No.1524/2019 - All India Association of Central Excise
Gazetted Executive Officers Association (Chennai Unit) v.
Union of India & Ors. and Allahabad Bench in OA No.536/2020 -
Suresh Chander Sharma v. Union of India held that the
judgment of the Hon'ble Madras High Court in M. Subramaniam
(supra) is judgment in rem and passed orders to extend the benefits
of the judgments to the applicants therein.
Government Of Nct Of Delhi vs Somvir Rana (Tgt Eng) on 1 September, 2017
10. It is also to be noted here that the Hon'ble Supreme Court in
(SLP No.77457/2017) in the case of Government of NCT & Anr.
vs. Somvir Rana & Ors., has clearly observed that "once the
question, in principle, has been settled, it is only appropriate on the
part of the Government of India to issue a Circular so that it will save
the time of the court and the Administrative Departments, apart from
avoiding unnecessary and avoidable expenditure".
Bhoop Alleged Son Of Sheo vs Matadin Bhardwaj Son Of Lakmi Chand on 4 December, 1990
11. Further, the Hon'ble Apex Court in Bhoop v. Matadin
Bhardwaj, (1991) 2 SCC 128 and Nirmal Chandra Bhattacharjee
v. Union of India, (1991) Supp. (2) SCC 363 have clearly held that
the mistake or delay on the part of the department should not
be permitted to recoil on the party.
Nirmal Chandra Bhattacharjee And Ors. vs Union Of India (Uoi) And Ors. on 19 September, 1990
11. Further, the Hon'ble Apex Court in Bhoop v. Matadin
Bhardwaj, (1991) 2 SCC 128 and Nirmal Chandra Bhattacharjee
v. Union of India, (1991) Supp. (2) SCC 363 have clearly held that
the mistake or delay on the part of the department should not
be permitted to recoil on the party.