Sunil Kumar Sharma vs. The State Of Bihar The Commissioner Cum Principal Secretary Health And Family Welfare The State Of Bihar Health And Family Welfare

Court:Supreme Court of India
Judge:Hon'ble L. Nageswara Rao
Case Status:Disposed
Order Date:13 Oct 2015
CNR:SCIN010096252017

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SECTIONXVI

LISTED On: 13.10.2015

COURT No.: 9

ITEM No.: 8

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (Civil) Nos. 28306, 11885, 11886, 11887, 20033, 20036, 20038, 24742, 24743, 24744, 24745, 24748, 24749, 24753 OF 2012 150, 151, 152, 155, 156, 157, 158, 159, 160, 161, 162, 2190, 2191, 2192, 2193, 2042, 22300, 23837, 29399, 2949092, 29496, 2994041, 31218, 31562, 30704, 30707, 2930310, 30732, 32673, 32590, 32645, 34132, 33051, 33131, 33708, 32024, 32614, 34280, 34667, 34668, 3481820, 32033, 34248, 36513, 36755, 35375 OF 2014, 9 , 67, 92324, 2755, 2914, 2930, 3280, 3306, 2573, 3352, 5964, 5983, 7562, 7564, 7568, 7569, 7571, 7574, 7577, 7560, 8229, 10397, 18198, 18197, 24518, 25895 of 2015.

(With Prayer for Interim Relief)

INTERLOCUTORY APPLICATION No. 4

(Application for Intervention filed by Mr. Manu Shanker Sharma in SLP (C) No. 28306/2014)

WITH

INTERLOCUTORY APPLICATION Nos. 5 & 6

(Applications for Impleadment & Official Translation filed by Mr. Shantanu Sagar in SLP (C) No. 28306/2014)

WITH

INTERLOCUTORY APPLICATION No...

(Applications for Impleadment filed by Mr. Binay Kumar Das in SLP (C) No. 28306/2014)

WITH

INTERLOCUTORY APPLICATION Nos.3 and 4

(Applications for direction and exemption from Official

Translation filed by Mr. Rameshwar Prasad Goyal in SLP (C)

No.29399/2014)

WITH

INTERLOCUTORY APPLICATION Nos.5

(Application for exemption from Official Translation filed by Mr. Abhinav Mukerji in SLP (C) No.29399/2014)

WITH

INTERLOCUTORY APPLICATION Nos. 79 and 1012

(Applications for direction and exemption from O/T filed by Mr.

Rameshwar Prasad Goyal in SLP (C) No.2949092/2014)

WITH

INTERLOCUTORY APPLICATION Nos.1315

(Application for exemption from Official Translation filed by Mr. Abhinav Mukerji in SLP (C) No.2949092/2014)

WITH

INTERLOCUTORY APPLICATION Nos. 3 and 4

(Application for direction and exemption from O/T filed by Mr.

Rameshwar Prasad Goyal in SLP (C) No.29496/2014)

INTERLOCUTORY APPLICATION Nos.1724 and 2532

(Application for direction and exemption from O/T filed by Mr. Rameshwar Prasad Goyal in SLP (C) No.2930310/2014)

WITH

INTERLOCUTORY APPLICATION Nos.3340

(Application for exemption from Official Translation filed by Mr. Abhinav Mukerji in SLP (C) No.2930310/2014)

INTERLOCUTORY APPLICATION Nos.3

(Application for permission to file additional documents filed by Mr. Himanshu Shekhar in SLP (C) No. 20033/2012)

WITH

INTERLOCUTORY APPLICATION No.3

(Application for permission to correct Inadvertent errors in the SLP filed by Mr. Gaurav Agrawal in SLP (C) No.34667/2014)

OM PRAKASH Etc. Etc. ...Petitioner

Versus

THE STATE OF BIHAR & ORS. ...Respondents

OFFICEREPORT

The matters abovementioned were listed before the Hon'ble Court on 11.08.2015 when the Court was pleased to direct the following order:

"Issue Notice.

Learned counsel for the State of Bihar accepts notice in all the Special leave petitions filed by the employees/petitioners and says that he seeks four weeks' time to look into the paperbook.

List the matters after six weeks." SLP(C) No. 28306 of 2014

It is submitted that Mr.Binay Kuamr Das, advocate has on 30.9.2015 filed three applications for impleadment as party petitioners with Vakalatnama and memo of appearance. The same are registered as I.A. Nos. ... Copy of the same are being circulated before the Hon'ble Court.

SLP(C) Nos. 36755, 36513/2014, 33131, 33708 31218/2014, 31562/2014, 32645/2014, 32024/2014 and 32614/2014.

In view of court order dated 20.4.2015 counsel for the petitioner has not deposited the payment of Rs. 500/ in the SLP(C) Nos.33131/2014 & 33708/2014.

Service of notice is complete.

SLP(C) Nos. 20036, 20038, 24742, 24743, 24744, 24745, 24749, 24753, 24748 OF 2012, 2994041, 30707, 24946, 29399, 2949092,

2994041, 31218, 31562, 30704, 2930329310, 32673, 32590, 32645, 34132, 33051, 33131, 33708, 32024, 32614, 34280, 34667, 34668, 3481820, 34248, 36513 of 2014.

It is submitted that Counteraffidavit and rejoinder affidavit filed by counsel for the petitioner have already been included in their respective paperbooks.

service of notice is complete.

SLP(C) No. 23837 of 2014

It is submitted that application for restoration filed by Dr. Kailash Chand, Adovate was listed before the Hon'ble Court on 24.07.2015 when the Court was pleased to pass the following order:

"Delay condoned in filing application for restoration.

Application for restoration is allowed. SLP is restored to its original number.

Tag with SLP(C) No. 11885 of 2012."

It is submitted that Hon'ble Court has earlier on 29.8.2014 directed notice. Accordingly notice was issued to all the six respondent (State govt. parties). But no one has entered appearance on their behalf.

Service of notice is still incomplete.

SLP(C) No. 22300 of 2014

It is submitted that application for restoration was filed by Dr. Kailash Chand, Adovate was listed before the Hon'ble Court on 24.07.2015 when the Court was pleased to pass the following order:

"Delay condoned in filing application for restoration. Application for restoration is allowed. SLP is restored to its original number.

Tag with SLP(C) No. 11885 of 2012."

This is a fresh matter.

SLP(C)Nos.11885,11886,11887,150,151,152,155,156,157,158,159,16 0,161,162,2042,2190,2191,2192,2193 of 2014

It is submitted that service of notice is complete in all the matters except in SLP(C) 2042, 2192 and 2193/2014 in which service on sole respondent is yet incomplete.

SLP(C)Nos. 67, 92324, 2573, 2755, 2914, 2930, 3280, 3306, 3352, 5964, 5983, 7560,7562, 7569, 7571, 7574, 7577, 8229, 10397 of 2015

It is submitted that Counteraffidavit filed by counsel for the respondent have already been included in respective paperbooks.

Service of notice is complete in all these matters.

SLP(C) 7564/15

It is submitted that there are 7 respondents and AD card duly signed from Respondent Nos.14 have been received back. Neither AD card nor unserved cover containing notice from respondent Nos.57 (state Govt. parties) have been received back. But no one has entered appearance on their behalf.

SLP(C)7568 of 2015

It is submitted that counsel for the petitioner has not filed spare copies. Hence, notice to all 6 respondents (state parties) could not be issued.

SLP(C) No. 9 of 2015

The Hon'ble Court has on 1.7.2015 directed notice and accordingly notice has been issued on 22.7.2015 to all 4 respondents. Neither AD card nor unserved cover containing notice have been received back, so far from all the four respondents (state govt. parties).

SLP(c) No. 18197 & 18198 of 2015

It is submitted that Mr. Abhinav Mukerji, Advocate has on 03.08.2015 filed vakalatnama on behalf of state of Bihar in the SLP(C) NO. 18197 of 2015. But in both the matters all are state Govt. Parties.

Service of notice is complete in SLP (C) No.18197/2015

SLP(C) No. 24518 of 2015

The matter abovementioned was listed before the Hon'ble Court on 24.08.2015 when the Court was pleased to pass the following order:

"Delay condoned. Issued notice. Till the next date of hearing, the Petitioner's services shall not be terminated, if not already so done. Tag along with SLP(C) No. 28306 of 2014."

Accordingly showcause notice was issued to all the six respondents and Mr. Samir Ali Khan, Advocate has on 23.09.2015 filed vakalatnama on behalf of state of Bihar (State Govt. Parties).

Service of notice is complete.

SLP(c) No. 25895 of 2015

The matter abovementioned was listed before the Hon'ble Court on 07.09.2015 when the Court was pleased to pass the following order:

"Delay condoned. Issued notice. Service may also be effected through the Standing Counsel for the state of Bihar. Tag with SLP(C) No. 28306 of 2014."

Accordingly showcause notice was issued to all the five respondents (State Govt. Parties). Counsel for the petitioner has filed proof of service on Mr. Gopal Singh, standing counsel for state of Bihar. But he has not filed vakalatnama, so far.

The matters are listed before the Hon'ble Court with this Office report.

Dated this the 5th day of October, 2015.

ASSISTANT REGISTRAR

Copy to:­Mr. R.P. Goyal, Advocate
Mr. Gopal Singh, Advocate
Mr. Samir Ali Khan, Advocate
MR. Abhinav Mukerji, Advocate
Mr. Manu Shankar Misra, Advocaate
Dr. Kailash Chand, Advocate
Mr. Gaurav Agrawal, Advocate
Mr. Rajiv Shanker, Advocate
Mr. Nitin Kr. Thakur, Advocate,
Mr. R.P. Singh, Advocate
Mr. Ajay Kumar, Advocate
Mr. T. Mahipal, Advocate
Mr. D.S. Mehra, Advocate
Mr. Shantanu Sagar, Advocate
Mr. Mohit Kuamr Shah, Advocate
Mr. Binay Kumar Das, Advocate

ASSISTANT REGISTRAR

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