The Secretary To Government Of India vs. P. N. Appu And Ors. Etc

ITEM NO.14 COURT NO.12 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

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 2964/2020

(Arising out of impugned final judgment and order dated 07-02-2019 in WPC No. 39133/2016 07-02-2019 in WA No. 919/2016 and order dated 19-12-2019 in CCC No. 1492/2019 19-12-2019 in CCC No. 1828/2019 passed by the High Court Of Kerala At Ernakulam)

THE SECRETARY TO GOVERNMENT OF INDIA & ANR. Petitioner(s)

VERSUS

P.N. APPU & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.28453/2020-CONDONATION OF DELAY IN FILING and IA No.28457/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.28454/2020-PERMISSION TO FILE LENGTHY LIST OF DATES )

Date : 02-03-2020 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH

For Petitioner(s)	Mr. Vikramjeet Banerjee, ASG<br>Mr. Sridhar Potaraju, Adv.<br>Mr. Nachiketa Joshi, Adv.<br>Mr. Siddharth Sinha, Adv.<br>Mr. Om Prakash Shukla, Adv.<br>Mr. Abhishek Mahajan, Adv.<br>Mr. Gurmeet Singh Makker, AOR<br>Mr. Prashant Rawat, Adv.
For Respondent(s)	Mr. V. Chitambaresh, Sr. Adv.<br>Ms. Nimitha Anwar, Adv.<br>Mr. Karri Venkata Reddy, Adv.<br>Ms. Beena Victor, Adv.<br>Mr. Jogy Scaria, AOR
	Mr. P.V. Surendranath, Sr. Adv.<br>Mr. Biju P Raman, AOR<br>Mr. Sudhash Chandran T.R., Adv.<br>Ms. Lekha Sudhakran, Adv.<br>Ms. Yogamaya, Adv.

Mr. Siddhartha Jha, Adv.

UPON hearing the counsel the Court made the following O R D E R

Application for filing c/c of the impugned judgment is allowed.

Application for permission to file lengthy list of dates is allowed.

Delay condoned.

Since learned senior counsel for the respondents, on instruction, states that wage revisions of people who retired after 01.07.2001 have been paid on the basis of 1997 revision, there appears to be a dispute of fact i.e. whether the wages or pay revision post 01.07.2001 retirees have been paid on the basis of 1997 revision. Learned senior counsel for the respondents, on instructions, state that it has been disbursed while this fact is disputed by learned counsel for the appellant. To set the controversy at rest, we call upon learned counsel for the petitioner(s) to file an affidavit within two weeks in this behalf.

We also permit the respondent(s) to file an affidavit within the same period of time with any material to substantiate the plea.

List after three weeks.

The contempt proceedings pending before the High Court shall remain deferred till further orders.

(ANITA RANI AHUJA) (ASHA SUNDRIYAL) COURT MASTER AR CUM PS

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