The State Of Haryana Education Department Through Its Principal Secretary To Govt Of Haryana vs. Debi Singh Deswal
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
10 Apr 2015
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Order Text
SECTION IVB
Listed on 15.09.2016 Court No.R1
IN THE SUPREME COURT OF INDIA Item No. 65 CIVIL APPELLATE JURISDICTION
PETITIONS FOR SPECIAL LEAVE TO APPEAL(CIVIL) NOS. 11561, 13089, 13974, 2935457, 29350, 29456, 29341, 29245, 34731 and 35159 OF 2015
WITH PRAYER FOR INTERIM RELIEF
State of Haryana & Ors. Petitioner(s)
Versus
Debi Singh & Ors. Respondent(s)
OFFICE REPORT
The matters mentioned except SLP (C) No. 13089/2015 were listed before the Ld. Registrar's Court on 12.07.2016, when the following Order was passed:
"SLP(C) No.11561/2015
Service of show cause notice is not complete on respondent nos. 2 to 8 and 10 to 49. Ld. Counsel for the petitioner to take fresh steps to effect service on the respondents within two weeks time. Notices thereafter be issued.
Respondent nos. 1 and 9 are granted four weeks time for filing counter affidavit.
SLP(C) No.13974/2015
Ld. Counsel for the petitioner to take fresh steps to effect service on respondent no.3 within two weeks time. Notice thereafter be issued.
SLP(C) No.2935457/2015
Ld. Counsel for the petitioner to take fresh steps to effect service on the unserved respondents within two weeks time. Notices thereafter be issued.
SLP(C) No.29350/2015
Fresh steps have not been taken despite order dt.10.3.2016 in respect of respondent nos. 1 to 3, 9,11,13,16,22,27 and 28. However, two weeks time is granted as last opportunity. Notices thereafter be issued.
SLP(C) No.29456/2015
Ld. Counsel for the petitioner to take fresh steps to effect service on respondent nos. 1 and 2 within two weeks time. Notices thereafter be issued.
SLP(C) No.29341/2015
Fresh steps have not been taken despite order dt.10.3.2016. However, two weeks time is granted as last opportunity. Notice thereafter be issued.
SLP(C) No.29245/2015
Respondent Nos. 6,13,19,23,26,28 to 32, 34,38 to 41, 44,46 to 48 and 51 have been duly served but none has entered appearance.
Ld. Counsel for the petitioner to take fresh steps to effect service on the other unserved respondents within two weeks time. Notices thereafter be issued.
SLP(C) No.34731/2015
Respondent nos. 2, 3, 8, 9, 10, 15, 17, 23, 24, 26 to 28,30 and 35 have been duly served but none has entered appearance.
Ld. Counsel for the petitioner to take fresh steps to effect service on the remaining unserved respondents within two weeks time. Notices thereafter be issued.
SLP(C) NO.35159/2015
Respondent nos. 1,3,4,6,7,9,11,12,18 to 20,22,24 to 28,30 to 33,35,37,38 and 40 have been duly served but none has entered appearance.
Ld. Counsel for the petitioner to take fresh steps to effect service on the remaining unserved respondents within two weeks time. Notices thereafter be issued. List again on 15.9.2016."
SLP (C) No. 11561/2005
It is submitted that Counsel for the petitioner has not taken fresh steps to effect service on Respondent Nos. 28 and 1049 so far.
It is further submitted that Counsel for Respondent Nos. 1 and 9 has not filed Counter Affidavit so far.
It is further submitted that A.D. Card duly signed has been received from Respondent No. 3, 6, 11 & 49 in response to show cause notice issued on 27.4.2016.
Service of show cause notice is not complete on Respondent Nos. 2, 4, 5,78 and 10, 1248.
SLP (C) No. 13089/2015
The matter above mentioned was listed before the Hon'ble Court (In Chambers) on 11.05.2016, when the Court was pleased to pass the following order:
" Six weeks' time is granted to the learned counsel for the petitioners to take steps in respect of respondent nos. 3 to 5, 7 to 10, 12 to 19, 21 to 23, 25 to 27, 30 to 32, 34 to 41 and 44 to 49."
It is submitted that fresh show cause notice was issued to Respondent Nos. 3 to 5, 7 to 10, 12 to 19, 21 to 23, 25 to 27, 30 to 32, 34 to 41 and 44 to 49 on 23.06.2016. Unserved cover containing notice has been received with the following remarks: Respondent No. 14 'Retd.', Respondent No. 15'Incomplete address', Respondent No. 16 'Send to home address', Respondent No. 18'No Such Person', Respondent Nos. 23, 30 & 46'Not found' and in respect of Respondent No. 32remarks not clear. A.D. Card duly signed has been received from Respondent No. 41. It is also mentioned that A.D. Card from Respondent No. 17 has also been received in response to show cause notice issued on 15.05.2015. Neither A.D. cards nor unserved covers containing notice have been received back from Respondent Nos. 35, 710, 12, 13, 19, 21, 22, 2527, 31, 3440, 44, 45 and 4749.
Service of show cause notice is complete on 1,2,6,11,17,20,22,24,28,29,33,41,42 & 43 and incomplete on Respondent Nos. 35, 710, 12, 13, 19, 21, 22, 2527, 31, 3440, 44, 45 and 4749.
SLP (C) No. 13974/2015
It is submitted that Counsel for the petitioners has not taken fresh steps to effect service on unserved respondent nos.3 so far.
Service of show cause notice is not complete on respondent no.3.
SLP (C) No. 2935457/2015
It is submitted that Counsel for the petitioner has on 24.08.2016 filed spare copies. In filing memo, it is mentioned that 293 copies are kept in Section IVB, but the clerk of the Advocate has provided less than 100 copies instead of 293 copies mentioned in the filing memo. Further, the spare copies are filed on 24.08.2016 which is barred by 29 days. Therefore, fresh show cause notice has not been issued to the unserved respondents.
It is further submitted that Mr. Ashok Mathur, Adv for respondent no. 65 in SLP (C) No. 29357/2015 has not filed Counter Affidavit so far.
| SLP No. | Total<br>Resp. | V/A | A.D. Cards | Neither<br>A.D.<br>Card | Remarks |
|---|---|---|---|---|---|
| 29354/15 | 48 | | 16, 17, 23,<br>35 | 115,<br>1822,<br>2434, 3648 | Incomplete |
| 29355/15 | 161 | | 8,12,13,14,<br>16,19,55,56<br>,59,60,62,<br>63,64,65,71<br>,72,75,87,<br>90,93,96,10<br>2,103,113,<br>114,115,116<br>,120,125,<br>156,121 | 17,<br>911,15,1718<br>,2054,5758,<br>61,6670,<br>7374,7686,<br>8889,9192,<br>9495,97101,<br>104112,117<br>119,122,123,<br>124,126155,<br>157161 | Incomplete |
| 29356/15 | 44 | | 6,14,9,17,<br>18,19,21,22<br>,24,27,32,<br>38,39,40,42 | 15,<br>78,1016,<br>20,23,2526,<br>2831,3337,<br>41,4344 | Incomplete |
Service position of each matter is as under:
| 29357/15 | 75 | 65 | 18,19,26,27 | 117, | Incomplete |
|---|---|---|---|---|---|
| ,29,31,32, | 2025,28,30, | ||||
| 33,35,38,40 | 34,3637,39, | ||||
| ,4144,51, | 4550,53,56, | ||||
| 52,54,55,57 | 5860,6269, | ||||
| ,61,70, 71 | 7275 |
SLP (C) No. 29350/2015
It is submitted that Counsel for the petitioner has on 05.09.2016 filed 10 spare copies which is barred by 41 days. Therefore, fresh show cause notice has not be issued.
It is further submitted that there are 30 respondents in the matter. AD Cards duly signed have been received from Respondent Nos. 4, 5, 6, 7, 8, 10, 12, 14, 15, 17, 18, 19, 20, 21, 23, 24, 25, 26, 29, 30. Neither AD Cards nor unserved covers containing notice have been received back from Respondent Nos. 13, 9, 11, 13, 16, 22, 2728.
Service of show cause notice is incomplete on Respondent Nos. 13, 9, 11, 13, 16, 22, 2728.
SLP (C) No. 29456/2015
It is submitted that there are two respondents in the matter. Counsel for the petitioners has filed spare copies and accordingly, fresh show cause notice has been issued to both the respondents. As per tracking report, items have been delivered at Ambala in respect of both the respondents (copies enclosed).
SLP (C) No. 29341/2015
It is submitted that there is sole respondent in the matter. Counsel for the petitioners has not filed spare copy. Therefore, fresh show cause notice has not bee issued in respect of the sole respondent.
Service of show cause notice is not complete in
respect of sole respondent.
SLP (C) No.29245/2015
It is submitted that Counsel for the petitioner has on 01.09.2016 filed spare copies which is barred by 36 days. Therefore, fresh show cause notice has not been issued to the unserved respondents.
It is further submitted that there are 56 respondents in this matter. AD Cards duly signed have been received in respect of Respondent Nos. 6, 13, 19, 23, 26, 28, 29 30, 31, 32, 34, 38, 39, 40, 41, 44, 46, 47, 48, 51. Neither AD Cards nor unserved covers containing notice have been received back from Respondent Nos. 15, 712, 1418, 2022, 2425, 27, 33, 3537, 4243, 45, 4950, 5256.
Service of show cause notice is not complete on Respondent Nos. 15, 712, 1418, 2022, 2425, 27, 33, 3537, 4243, 45, 4950, 5256.
SLP (C) No. 34731/2015
It is submitted that Counsel for the petitioner has not filed spare copies. Therefore, fresh show cause notice has not been issued to Respondent Nos. 1,47, 1114, 16, 1822, 25,29, 3134.
It is further submitted that there are 35 respondents in the matter. A.D. Card duly signed have been received in respect of respondent nos. 2, 3, 810, 15, 17, 23, 24, 26, 27, 28, 30 & 35.
Service of show cause notice is not complete in respect of respondent nos. 1,47, 1114, 16, 1822, 25,29, 3134.
SLP (C) No. 35159/2015
It is submitted that Counsel for the petitioner has filed spare copies. Accordingly, fresh show cause notice has been issued to unserved Respondent Nos. 2, 5, 8, 10, 1317, 21, 23, 29, 34, 36 & 39. As per Tracking reports, item has been delivered in respect of Respondent Nos. 2, 8, 13 & 16 at Babin, Respondent No. 5 at Shahabad, Respondent No. 10 at Shahbad Merkonda, Respondent No. 14 at Delhi GPO, Respondent No. 15 at Pipli, Respondent No. 17 at Amin, Respondent No. 21 at Kurukshetra University, Respondent No. 23, 29, 36 & 39 at Kurukshetra HO and in respect of Respondent No. 34 at Taraoni.
It is further submitted that there are 40 respondents in the matter. A.D. cards duly signed have been received from respondent nos. 1, 3, 4, 6, 7, 9, 11, 12, 18, 19, 20, 22, 24, 25, 26, 27, 28, 3033.
The matters above mentioned are listed before the Ld. Registrar's Court with this office report.
Dated this the 14th day of September, 2016.
ASSISTANT REGISTRAR
Copy to : Dr. Monika Gusain, Adv. Mr. Balbir Singh Gupta, Adv.
ASSISTANT REGISTRAR
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