Civil Appeal No. 2653-54 of 2010 (Arising out of SLP (C) Nos. 7686-7687/2009). Case: Rajeev Kumar and Anr. Vs Hemraj Singh Chauhan and Ors.. Supreme Court (India)
| Case Number | Civil Appeal No. 2653-54 of 2010 (Arising out of SLP (C) Nos. 7686-7687/2009) |
| Counsel | For Appellant: V.N. Shetty, L.N. Rao and S.L. Misra, Sr. Advs., Shail Dwivedi, AAG, Ravindra Kumar, T.V. Ratnam, Naresh Kaushik, Kiran Bhardwaj, Anil Katiyar, B. Krishna Prasad, Binu Tamta, Upendra Nath Misra, Nikhil Majithia, Anuvrat Sharma, Kapil Misra, Shiva Kumar Sinha, Jitendra Mohan Sharma, Sandeep Singh and Sandeep Malik, Advs. |
| Judges | R.V. Raveendran and Asok Kumar Ganguly, JJ. |
| Issue | CAT (Procedure) Rules, 1987 - Rule 17; Constitution of India - Articles 32, 141, 226, 227, 323A and 323B |
| Citation | AIR 2010 SC 1679, 2010 (2) SCALE 282, (2010) 4 SCC 554 |
| Judgement Date | March 23, 2010 |
| Court | Supreme Court (India) |
Judgment:
Asok Kumar Ganguly, J.
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Leave granted.
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The appellants in these appeals are Non-State Civil Service Officers (hereinafter referred to as the "Non-SCS Officers"). They filed an impleadment application in the Delhi High Court for being impleaded as respondents in Writ Petition No. 19103-04 of 2008 filed by Hemraj Singh Chauhan and Others before the High Court whereupon the High Court by an order dated 23rd April 2008 allowed them to intervene and further allowed them to make submissions at the time of hearing of the writ petition. They were also given liberty to file affidavits.
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Pursuant to the said order of the Hon'ble High Court, these appellants filed affidavits. After the High Court passed its impugned judgment dated 14.11.08 they have filed these appeals assailing the said judgment.
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At the outset of their arguments this Court wanted learned Counsel for the appellants to satisfy this Court about their locus to participate in the controversy at the stage when the matter was before the High Court in view of the fact that admittedly these appellants were not parties before the Central Administrative Tribunal (hereinafter, `C.A.T.').
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Before the C.A.T. there were three applicants namely, Hemraj Singh Chauhan, Anwarul Haque and Ram Nawal Singh who were common both in O.A. No. 1097/06 and O.A. No. 1137/06. Apart from those three persons, Ramesh Chandani and K.K. Shukla were also applicants in O.A. No. 1137/06. Both the original applications were heard together.
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The C.A.T. in its judgment dated 15.12.2006 held that O.A. No. 1097/06 was without merit and dismissed the same and O.A. No. 1137/06 was partly allowed and the respondents were directed to convene the meeting of D.P.C. Selection Committee to fill-up the posts which ultimately remain unfulfilled in 2001, 2002 and 2004 and to consider all eligible SCS Officers in the zone of consideration in the respective years including the Officers who were put in the select list of those years but could not be appointed in the absence of integrity certificate. The C.A.T. directed that the said order be complied within the period of four months.
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However, on the said judgment being challenged before the High Court by Hemraj Singh Chauhan, the High Court set aside the judgment of the C.A.T. and the Central Government and the State Government were directed to undertake the cadre reviewing exercise with reference to the vacancy position as on 1st January 2004...
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W.P. (C) No. 256 of 2013. Case: Md. Bahaluddin Sheikh Vs Union of India. Guwahati High Court
...available is to get an adjudication under the Act.)" 52. In Rajeev Kumar and another v. Hemraj Singh Chauhan and others, reported in (2010) 4 SCC 554: (AIR 2010 SC 1679), the Apex Court noticing that the Division Bench of the High Court allowed the appeals to treat the High Court as a Court......
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CWP No. 6497 of 2009 and connected cases. Case: Union of India and another Vs Jarnail Singh and others. High Court of Punjab (India)
...of Rajasthan, (2011) 1 SCC 467; Krishna Gopal v. State of Haryana, 2010 (1) SCT 538; Raj Kumar and others v. Hem Raj Singh Chauhan, (2010) 4 SCC 554; and Union of India v. Ramesh Ram, JT 2010 (5) SC We find that the issues raised in these petitions are squarely covered by the Division Bench......
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D.B. Civil Writ Petition No. 7118/2013. Case: Jassa Ram Choudhary & Another Vs Union of India & Others, [Alongwith D.B. Civil Writ Petition No. 7119/2013]. Rajasthan High Court
...has supported the objection citing judgment of Supreme Court in Rajeev Kumar & another v. Hemraj Singh Chauhan & others, (2010) 4 SCC 554, and contended that the Supreme Court in that case, in identical circumstances where the appellants before it were not party to the proceedings b......
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W.P. (C) 7502/2015. Case: Sarita Verma Vs New Delhi Municipal Corporation and Ors.. High Court of Delhi (India)
...In support of his submission, he relies upon the Supreme Court judgment in Rajeev Kumar and Another Vs. Hemraj Singh Chauhan and Others, (2010) 4 SCC 554 wherein it has been held as "8. This Court is of the view that the understanding of the ratio in L. Chandra Kumar by the learned counsel ......
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W.P. (C) No. 256 of 2013. Case: Md. Bahaluddin Sheikh Vs Union of India. Guwahati High Court
...available is to get an adjudication under the Act.)" 52. In Rajeev Kumar and another v. Hemraj Singh Chauhan and others, reported in (2010) 4 SCC 554: (AIR 2010 SC 1679), the Apex Court noticing that the Division Bench of the High Court allowed the appeals to treat the High Court as a Court......
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CWP No. 6497 of 2009 and connected cases. Case: Union of India and another Vs Jarnail Singh and others. High Court of Punjab (India)
...of Rajasthan, (2011) 1 SCC 467; Krishna Gopal v. State of Haryana, 2010 (1) SCT 538; Raj Kumar and others v. Hem Raj Singh Chauhan, (2010) 4 SCC 554; and Union of India v. Ramesh Ram, JT 2010 (5) SC We find that the issues raised in these petitions are squarely covered by the Division Bench......
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D.B. Civil Writ Petition No. 7118/2013. Case: Jassa Ram Choudhary & Another Vs Union of India & Others, [Alongwith D.B. Civil Writ Petition No. 7119/2013]. Rajasthan High Court
...has supported the objection citing judgment of Supreme Court in Rajeev Kumar & another v. Hemraj Singh Chauhan & others, (2010) 4 SCC 554, and contended that the Supreme Court in that case, in identical circumstances where the appellants before it were not party to the proceedings b......
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W.P. (C) 7502/2015. Case: Sarita Verma Vs New Delhi Municipal Corporation and Ors.. High Court of Delhi (India)
...In support of his submission, he relies upon the Supreme Court judgment in Rajeev Kumar and Another Vs. Hemraj Singh Chauhan and Others, (2010) 4 SCC 554 wherein it has been held as "8. This Court is of the view that the understanding of the ratio in L. Chandra Kumar by the learned counsel ......