A. Raghavender & Ors. Vs. Michael Manohar & Ors.
EmailAppeal: Civil Appeal Nos. 2756-2760 of 2000
(Arising out of S.L.P. (C) Nos. 17633-17637 of 1993)
Petitioner: A. Raghavender & Ors.
Respondent: Michael Manohar & Ors.
Apeal: Civil Appeal Nos. 2756-2760 of 2000
(Arising out of S.L.P. (C) Nos. 17633-17637 of 1993)
Judges: S.B. MAJMUDAR & Y.K. SABHARWAL, JJ.
Date of Judgment: Apr 20, 2000
Head Note:
SERVICE AND LABOUR LAW
Constitution
Articles 14,16 – Out of 8 applicants, 3 already accommodated – 5 more vacancies to be utilized – Once done, no ground to dis-place the Appellants pursuant to order of Tribunal – Fair stand taken by authorities. Held that in that case inter se dispute doesnot survive. Stand taken not to be treated as precedent.(Paras 4,5)
JUDGEMENT:
ORDER
1. Leave granted.
2. We have heard learned Counsel for the contesting parties in these appeals.
3. Learned Counsel for the Respondent-authorities states on in-structions, that out of the original eight applicants/Petitioners before the Tribunal three are already accommodated and there are five more vacancies which can be utilized for accommodating the remaining five original Petitioners out of whom three are Respondent Nos. 1 to 3 before us. Once this happens there will remain no need to displace the present Appellants pursuant to the order of the Tribunal.
4. Learned Counsel for the State authorities also accepts this factual position. In view of this fair stand taken by the learned Counsel for the State authorities the inter se dispute between the contesting parties does not survive any further. The im-pugned order of the Tribunal will stand modified accordingly.
5. We make it clear that the aforesaid fair stand taken by the State authorities is in the light of the peculiar facts and circumstances of this case and in view of the further fact that the present Appellants have continued to be there since long. It is, therefore, made clear that this order will not be treated as a precedent in any other case.
6. Learned Counsel for the State authorities further submits that the remaining five applicants before the Tribunal will be accom-modated and will be given appointments in the available vacancies within two months from today.
7. The Civil Appeals are allowed accordingly.
8. No costs.
1. Leave granted.
2. We have heard learned Counsel for the contesting parties in these appeals.
3. Learned Counsel for the Respondent-authorities states on in-structions, that out of the original eight applicants/Petitioners before the Tribunal three are already accommodated and there are five more vacancies which can be utilized for accommodating the remaining five original Petitioners out of whom three are Respondent Nos. 1 to 3 before us. Once this happens there will remain no need to displace the present Appellants pursuant to the order of the Tribunal.
4. Learned Counsel for the State authorities also accepts this factual position. In view of this fair stand taken by the learned Counsel for the State authorities the inter se dispute between the contesting parties does not survive any further. The im-pugned order of the Tribunal will stand modified accordingly.
5. We make it clear that the aforesaid fair stand taken by the State authorities is in the light of the peculiar facts and circumstances of this case and in view of the further fact that the present Appellants have continued to be there since long. It is, therefore, made clear that this order will not be treated as a precedent in any other case.
6. Learned Counsel for the State authorities further submits that the remaining five applicants before the Tribunal will be accom-modated and will be given appointments in the available vacancies within two months from today.
7. The Civil Appeals are allowed accordingly.
8. No costs.
