B Jyothi Salome Priyadarshini vs. Union Of India
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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. 5911-5922/2022
(Arising out of impugned final judgment and order dated 21-03-2022 in WP No. 42109/2016 21-03-2022 in WP No. 1197/2017 21-03-2022 in WP No. 3055/2017 21-03-2022 in WP No. 3295/2017 21-03-2022 in WP No. 3298/2017 21-03-2022 in WP No. 3300/2017 21-03-2022 in WP No. 3301/2017 21-03-2022 in WP No. 3302/2017 21-03-2022 in WP No. 3544/2017 21-03-2022 in WP No. 4588/2017 21-03-2022 in WP No. 8347/2017 21-03-2022 in WP No. 8523/2017 passed by the High Court For The State Of Telangana At Hyderabad)
I. SREELAKSHMI Petitioner(s)
UNION OF INDIA & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.49200/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.49249/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )
WITH
SLP(C) No. 6718/2022 (XII-A)
VERSUS
(FOR ADMISSION and I.R. and IA No.54558/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.54560/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
SLP(C) No. 7682/2022 (XII-A)
(FOR ADMISSION and I.R. and IA No.61834/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
SLP(C) No. 8260/2022 (XII-A)
(FOR ADMISSION and I.R. and IA No.66639/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.66640/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
SLP(C) No. 7513-7514/2022 (XII-A)
(FOR ADMISSION and I.R. and IA No.61277/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.61279/2022-EXEMPTION FROM FILING AFFIDAVIT) Signature Not Verified
Digitally signed by SNEHA DAS Date: 2023.02.11
SLP(C) No. 6389-6393/2022 (XII-A) 12:23:31 IST Reason:
(IA No. 52804/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
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ITEM NO.10 COURT NO.11 SECTION XII-A
SLP(C) No. 9229-9234/2022 (XII-A)
(IA No.74431/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
SLP(C) No. 9686/2022 (XII-A) (FOR ADMISSION and I.R. and IA No.77646/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
SLP(C) No. 9652/2022 (XII-A) (FOR ADMISSION and I.R. and IA No.77364/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
SLP(C) No. 9228/2022 (XII-A) (FOR ADMISSION and I.R. and IA No.74430/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
SLP(C) No. 6901/2022 (XII-A)
(..FOR ADMISSION and I.R. and IA No.56289/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.56290/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
SLP(C) No. 6920-6922/2022 (XII-A)
(FOR ADMISSION and I.R. and IA No.56426/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
SLP(C) No. 6959/2022 (XII-A) (FOR ADMISSION and I.R. and IA No.56880/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
SLP(C) No. 6689/2022 (XII-A)
(FOR ADMISSION and I.R. and IA No.54304/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.54305/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
SLP(C) No. 6378/2022 (XII-A)
(IA No. 73879/2022 - APPLICATION FOR PERMISSION IA No. 73877/2022 - APPLICATION FOR PERMISSION IA No. 52634/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 52926/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
SLP(C) No. 6736/2022 (XII-A)
(FOR ADMISSION and I.R. and IA No.54828/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.54829/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
SLP(C) No. 9068-9079/2022 (XII-A)
(FOR ADMISSION and I.R. and IA No.73372/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 75287/2022 - APPLICATION FOR PERMISSION)
Date : 07-02-2023 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SUDHANSHU DHULIA
For Petitioner(s) Mr. Chand Qureshi, AOR Mr. Sukesh Ghosh, Adv. Mr. Raj Kumar Yadav, Adv. Mr. Pradeep Mohod, Adv. Mr. P.V. Krishnaia, Adv. Mr. Ashok Basoya, Adv. Mr. Aditya Kr. Archiya, Adv. Ms. Sadhana Sandhu, AOR Shri. Gaichangpou Gangmei, AOR Mr. Kailash Pandey, Adv. Mr. Ranjeet Singh, Adv. Mr. Krishna Yadav, Adv. Mr. Gaichangpou Gangmei Aor, Adv. Ms. Awantika Manohar, AOR Mr. B.adinarayana Rao, Sr. Adv. Mr. B Adinarayana Rao, Sr. Adv. Mr. M Srinivas R Rao, Adv. Mr. Abid Ali Beeran P, AOR Mr. Goli Ramakrishna, Adv. Mr. Sarath S Janardanan, Adv. Mr. K. Ramakanth Reddy, Sr. Adv. Mr. Rajul Srivastava, Adv. Ms. Charu Ambwani, AOR Ms. Komal Agarwal, Adv. Ms. Kavya Vijay, Adv. Ms. V. Mohana, Sr. Adv. Mr. Rajul Srivastava, Adv. Ms. Sneha B., Adv. Ms. Bhavya Pande, Adv. Mr. K. Chandramohan, Adv. For Respondent(s) Mr. K M Nataraj, A.S.G. Mr. Vatsal Joshi, Adv. Mrs. Indira Bhakar, Adv. Mr. Sharath Narayan Nambiyar, Adv. Mr. Mayank Pandey, Adv. Mr. Akshit Pradhan, Adv. Mr. Nakul Chengappa K.K., Adv.
Mr. Arvind Kumar Sharma, AOR Mr. S Niranjan Reddy, Sr. Adv. Mr. Mahfooz Ahsan Nazki, AOR Mr. Polanki Gowtham, Adv. Mr. Shaik Mohamad Haneef, Adv. Mr. K V Girish Chowdary, Adv. Mr. K V Girish Chowdary, Adv. Mr. T. Vijaya Bhaskar Reddy, Adv. Mr. T Vijaya Bhaskar Reddy, Adv. Ms. Rajeswari Mukherjee, Adv. Ms. Niti Richhariya, Adv. Mr. S.. Udaya Kumar Sagar, AOR Ms. Bina Madhavan, Adv. Mr. Lakshay Saini, Adv. Mr. Rana Sandeep Bussa, Adv. Mr. Shashibhushan P. Adgaonkar, AOR
UPON hearing the counsel the Court made the following O R D E R
Leave granted.
Heard learned counsel for the parties.
The appellants before us are Doctors including those involved in teaching and they are dissatisfied with the allocation of cadre after bifurcation of the erstwhile State of Andhra Pradesh.
The High Court in the judgment(s) under appeal(s) has rejected their plea. At this stage, we are not making any comment about the legality of the allocation process. But, we are apprised by the learned counsel for the respondents that it might be possible in individual cases of request to decide such plea through mutually transfer process, or for any other reason which is acceptable to the State when allotment is sought. For this exercise, however, both the states will have to depute Officers and joint decision could be taken in coordination with the Central Government.
In the given context, we are not disposing of the appeals at this stage but we request the Central Government to depute a senior officer having the rank of Joint Secretary or above who could facilitate this exercise and let the two States also depute a senior officer each for considering the transfer request from one State to another on a case to case basis. The individual appellants, who are parties to these appeals shall be at liberty to approach the panel comprising of the senior officers of the two States and the Central Government, with their respective grievances.
Let this exercise be completed within a period of three months.
The three officers representing the Union and the two States shall formulate the procedure for considering the representation of the individual appellants and we do not make personal hearing to each individual officer a mandatory for completion of this exercise, as this request shall also be seen on a case to case basis.
In the event any of the appellants have already joined their allocated post by now, then the State in which they have joined shall pay their salary but this arrangement again would be subject to final outcome of these appeals.
The first meeting of the Committee shall be convened within a period of fourteen days. The date and place shall be fixed by the Officer of the Central Government.
Let these appeals be listed after four months and on the next date of hearing, a report on the outcome of this exercise shall be
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placed before this Court.
(SNEHA DAS) (VIDYA NEGI) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR