Full Judgment Text
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 75 OF 2018
[@ SPECIAL LEAVE PETITION (C) NOS. 230 OF 2009]
THE STATE OF UP & ORS. Appellant(s)
VERSUS
ISRAR AHMAD & ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Application for setting aside abatement is
allowed. Delay in filing the application for
substitution is condoned and the application for
substitution is allowed.
2. Leave granted.
3. The State approached this Court, aggrieved by an
order dated 19.12.2007 passed by the Division Bench
of the High Court of Judicature at Allahabad, Lucknow
Bench in Special Appeal No. 225 of 2001.
4. The Division Bench declined to interfere with the
order dated 19.07.2000 passed by the learned Single
Judge. The learned Single Judge issued a direction
to pay the revised pay-scale to the respondents along
with interest at the rate of 12%.
Signature Not Verified
Digitally signed by
JAYANT KUMAR ARORA
Date: 2018.01.10
12:34:19 IST
Reason:
5. This Court had limited the notice on the issue of
interest. Having regard to the contentious issues
raised in the matter, we are of the view that there
2
was no justification for granting interest on the
revised pay-scale. Now that the State is not keen on
the challenge of parity and the consequential revised
pay-scale, we are of the view that the order on
interest should be vacated. Ordered accordingly.
6. The appeal is disposed of with a further
direction that in case the emoluments in the revised
pay-scale have not yet been granted, the same shall
be paid within three months from today.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ AMITAVA ROY ]
New Delhi;
January 08, 2018.
3
ITEM NO.10 COURT NO.5 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 230/2009
(Arising out of impugned final judgment and order dated 19-12-2007
in SA No. 225/2001 passed by the High Court Of Judicature At
Allahabad)
THE STATE OF UP & ORS. Petitioner(s)
VERSUS
ISRAR AHMAD & ORS. Respondent(s)
(FOR SUBSTITUTION OF LRS ON IA 3/2014)
(FOR CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. ON IA
4/2014)
(FOR EXEMPTION FROM FILING O.T. ON IA 5/2014
FOR SETTING ASIDE AN ABATEMENT ON IA 6/2014)
Date : 08-01-2018 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE AMITAVA ROY
For Petitioner(s) Mr. Pramod Swarup, Sr. Adv.
Mr. Upendra Mishra, Adv.
Mr. Vinay Garg, Adv.
For Respondent(s) Mr. Nagendra Singh, Adv.
Mr. Vishwa Pal Singh, AOR
Ms. Mridula Ray Bharadwaj, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
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)