Full Judgment Text
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 963 OF 2009
J. LINET Appellant(s)
VERSUS
THE ASSISTANT MANAGER (DEPOT)
FOOD CORPORATION OF INDIA & ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. All that survives in this appeal is a claim
made by the appellant for additional payment for
work rendered by the appellant in the post of
Messenger in addition to her normal work. In the
impugned Judgment, at paragraph 4, the High Court
has entered a finding to the effect that the
appellant has, in fact, worked in the post of
Messenger for two and a half years.
2. Paragraph 4 of the impugned Judgment reads as
under :-
“But the appellant is justified in
Signature Not Verified
contending that she is entitled to
Digitally signed by
JAYANT KUMAR ARORA
Date: 2018.02.17
11:02:21 IST
Reason:
additional payment on the strength
of Exhibit P2 order whereby she
had been allotted additional duty
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in an office as a messenger in
addition to her normal work.
Therefore, the respondents shall
consider payment of additional
remuneration to the appellant for
the days she had worked as
messenger in addition to her
normal work. It is also made
clear that as the entire case of
the petitioner had been
reconsidered and a fresh order was
passed as per Exhibit R3(A), the
appellant-petitioner will be
entitled to seek her remedy
against it as per law”
3. The learned counsel appearing for the
respondents, however, has invited our attention
to order dated 12.12.2005 whereby the case of the
appellant has been considered and by way of a
speaking order, the same has been rejected. We
find it difficult to appreciate the submission.
4. The finding of the High Court as against the
respondents has become final. In the above
circumstances, this appeal is disposed of with a
direction to the respondents to disburse the
difference in wages for the period of two and a
3
half years in the post of Messenger after
adjusting the emoluments already granted to her
while working as a casual worker. The needful
will be done within two months from today.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ MOHAN M. SHANTANAGOUDAR]
New Delhi;
February 08, 2018.
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ITEM NO.103 COURT NO.5 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
Civil Appeal No(s). 963/2009
J. LINET Appellant(s)
VERSUS
THE ASSTT. MANAGER (DEPOT)
FOOD CORPORATION OF INDIA & ORS. Respondent(s)
Date : 08-02-2018 This appeal was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
For Appellant(s) Mr. V. K. Sidharthan, AOR
Mr. Shabu Sreedharan, Adv.
For Respondent(s) Mr. Ajit Pudussery, AOR
Mr. K. Vijayan, Adv.
Mr. Ajeet Singh Verma, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The appeal is disposed of in terms of the signed
non-reportable Judgment.
Pending Interlocutory Applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN)
COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file)