IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.479-480/2022

UNION OF INDIA & ORS. Appellant(s)

VERSUS

SHIV KUMAR PATHAK & ORS.ETC. Respondent(s)

WITH

CIVIL APPEAL NOS.481-484/2022 (III-A)

O R D E R

CIVIL APPEAL NOS.479-480/2022

On hearing learned counsel for parties, we are not inclined to interfere with the concurrent judgments of the Tribunal and the High Court interpreting the statutes.

The appeals are accordingly dismissed.

However, our dismissal of the appeals in no way comments on the ability of the Government to amend the policy for the future in accordance with law.

CIVIL APPEAL NOS.481-484/2022

On perusal of the better counter affidavit of the respondents, para 5 states that 29 posts in the un-reserved category have been kept vacant for the applicants/petitioners but the petitioners have not been adjusted against the vacant posts, in view of the other Special Leave Petitions preferred by the Union of India/respondents. The appeals having been dismissed, the posts lying vacant, have to be filled in from the succeeding appellant(s) in accordance with norms.

The appeals accordingly stand disposed of.

………………………………………….J. [SANJAY KISHAN KAUL]

………………………………………….J. [M.M. SUNDRESH]

NEW DELHI; APRIL 19, 2022.

ITEM NO.101 COURT NO.6 SECTION III-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No(s). 479-480/2022

UNION OF INDIA & ORS. Appellant(s)

VERSUS SHIV KUMAR PATHAK & ORS. Respondent(s) ([ PART-HEARD BY HON'BLE SANJAY KISHAN KAUL AND HON'BLE M.M. SUNDRESH ,JJ. ] ) WITH C.A. No. 481-484/2022 (III-A) Date : 19-04-2022 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Appellant(s) Mr. Anurag Dubey, Adv. Ms. Anu Sawhney, Adv. Mr. Pramod Kumar, Adv. Ms. Manisha Yadav, Adv. Mr. S. R. Setia, AOR Mrs. Anil Katiyar, AOR For Respondent(s) Ms. Rekha Pandey, Adv. Ms. Alka Agrawal, Adv. Ms. Sunita Sharma, Adv. Ms. Rashmi Malhotra, Adv. Mr. Bhuvan Mishra, Adv. Mr. Raj Bahadur Yadav, AOR

Mr. S. R. Setia, AOR

Mr. Pradeep Kumar Yadav, Adv. Mr. Vishal Thakur, Adv.

Mr. Sanjeev Malhotra, AOR

UPON hearing the counsel the Court made the following O R D E R CIVIL APPEAL NOS.479-480/2022

The appeals are dismissed in accordance with law.

Pending application, if any, stands disposed of.

CIVIL APPEAL NOS.481-484/2022

The appeals accordingly stand disposed of in terms of the signed order.

Pending application, if any, stands disposed of.

(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [signed order is placed on the file]