Union Of India Revenue Secretary vs. S. Rajagopalan

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). 4870-4871/2018 (Arising out of impugned final judgment and order dated 18-08-2017 in RP No. 114/2017 25-04-2017 in WP No. 5611/2017 passed by the High Court of Judicature at Madras)

UNION OF INDIA & ORS. Petitioner(s)

VERSUS

P. BHARATHAN & ORS. Respondent(s)

WITH

SLP(C) No.5405-5406/2018 (XII)

SLP(C) No.5407-5408/2018 (XII)

Date : 26-04-2018 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE R.K. AGRAWAL HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

For Petitioner(s)

Mr.Maninder Singh, ASG Mr.Ashok K.Srivastava, Adv. Mr.R.Balasubramanian, Adv. Mr.Prabhas Bajaj, Adv. Ms.Aarti Sharma, Adv. Mr.Akshay Amritanshu, Adv. Mr.B. Krishna Prasad, AOR

For Respondent(s)

Ms.V.Mohana, Sr.Adv. Mr.B.Ragunath, Adv. Ms.Kashvi Dutta, Adv. Mr.Vijay Kumar, Adv. Mr.Pushkar Tamta, Adv.

Mr.Sriram P., Adv.

Mr.R.Venkatramani, Sr.Adv. Mr.M.Gireesh Kumar, Adv. Mr.Ankur S. Kulkarni, Adv.

Mr.Yasraj Singh Bundala, Adv.

Mr.Mohinder J.S.Rupal, Adv. Mr.Prang Newmai, Adv. Ms.Slomita Rai, Adv. Ms.Jasvinder Kaur, Adv. Ms.Manjeet Chawla, Adv. Ms.Jasvinder, Adv. Mr.Ankur S. Kulkarni, AOR Ms.Manjeet Chawla, AOR UPON hearing the counsel the Court made the following O R D E R

I.A.No.43751/2018

The present application has been filed by the Union of India seeking permission to hold DPC for the post of Assistant Commissioner on ad-hoc basis as per the existing seniority list in the feeder cadre subject to outcome of final order in these special leave petitions. In the affidavits exchanged between the parties, the Union of India has taken a specific stand that those persons who were appointed as direct recruit prior to 1st March, 1986 have not been placed junior to the persons who were appointed after 1st March, 1986 and, therefore, there is no question of any inconvenience being caused to the respondents herein.

Learned Additional Solicitor General further submitted that there was no discrimination in respect of direct recruit and promotees prior to 1st March, 1986 and we therefore allow the petitioner to conduct DPC and promote persons appointed as direct recruits and promotees as per existing seniority list as Assistant Commissioner on ad hoc basis subject to the outcome of these special leave petitions.

I.A.No.43751/2018 is accordingly disposed of.

List these special leave petitions for final disposal in the first week of August, 2018 on a Nonmiscellaneous day.

Let the affidavits be exchanged between the parties.

(Ashok Raj Singh) (Chander Bala) Court Master Branch Officer