Union Of India vs. Symon T. T
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Order Issued After Hearing
Purpose:
Fixed Date by Court
Before:
Hon'ble Hon'Ble The Chief Justice, Hon'ble A.S. Bopanna
Stage:
AFTER NOTICE (FOR ADMISSION) - CIVIL CASES
Remarks:
List On (Date) [10-01-2022]
Listed On:
12 Mar 2021
In:
Judge
Category:
UNKNOWN
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Order Text
ITEM NO.24 Court 4 (Video Conferencing) 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.13864/2020
(Arising out of impugned final judgment and order dated 03-08-2015 in WPC No.22407/2015 19-07-2019 in WA No.1672/2016 passed by the High Court of Kerala at Ernakulam)
UNION OF INDIA & ANR. Petitioner(s)
VERSUS
SYMON T.T. & ORS. Respondent(s)
(With appln.(s) for I.R. and IA No.76833/2020-CONDONATION OF DELAY IN FILING )
Date : 03-12-2021 This petition was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE A.S. BOPANNA
| For Petitioner(s) | Ms. Aakanksha Kaul, Adv.<br>Mr. S.S. Rebello, Adv. | |
|---|---|---|
| Ms. Rashmi Malhotra, Adv. | ||
| Mr. Sughosh Subramanyam, Adv. | ||
| Mr. Anukalp Jain, Adv. | ||
| Mr. A.K. Sharma, | ||
| For Respondent(s) | Mr. Jaideep Gupta, Sr. Adv. | |
| Mr. G. Prakash, AOR |
UPON hearing the counsel the Court made the following O R D E R
- 1 The substance of the grievance of the Union of India in these proceedings is that the pay scale of Rs 3200-85-4900 occurring in the fifth line of the judgment dated 3 August 2015 of the Single Judge was substituted to read as Rs 4000-100-6000 in terms of an order dated 7 July 2016. The order of the Single Judge dated 7 July 2016 was passed in lA No 10028/2016 in Writ Petition (C) No 22407/2015.
- 2 Ms Akanksha Kaul, learned counsel appearing on behalf of the petitioners has submitted that the substitution of the pay scale in the above terms is incorrect since that pay scale is applicable to the rank of Assistant Sub-Inspector/Warrant Officer, whereas the respondents fall under the category of Havildar (ORL).
- 3 On the other hand, Mr Jaideep Gupta, learned senior counsel appearing on behalf of the respondents submits that the pay scale of Rs 3200-85-4900 was originally prescribed by an Office Memorandum dated 10 October 1997 and was subsequently revised to Rs 4000-100-6000.
- 4 The impugned judgment of the Kerala High Court was preceded by a litigation which took place before the Guwahati High Court followed by proceedings before the Meghalaya High Court and before the Kerala High Court as well. The order of the Guwahati High Court attained finality by the dismissal of SLP (C) No 6241 of 2012 on 2 July 2012 by this Court.
- 5 There needs to be clarity on the correct pay scale which is payable to Havildars. Hence, we direct the petitioners to file an affidavit setting out the pay scale which is admissible to Havildars and, in particular, the pay scale which is being provided to those who had succeeded before the Guwahati, Meghalaya and Kerala High Courts in the earlier proceedings. The affidavit shall be filed within a period of three weeks.
6 List the Special Leave Petitions on 10 January 2022.
(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Court Master