Full Judgment Text
NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
M.A. NO.712/2019 IN CIVIL APPEAL NO.1474/2019
Union of India and others …Appellants
Versus
Sri Harananda and others …Respondents
In the matter of:
Sunil Kumar Singh …Applicant
WITH
M.A. NO.774/2019 IN S.L.P. …CC NO.5738/2016
O R D E R
M.R. SHAH, J.
M.A. NO.712/2019 IN CIVIL APPEAL NO.1474/2019
M.A. No. 712 of 2019 in Civil Appeal No. 1474 of 2019 has
been preferred at the behest of the Ministry of Home Affairs,
Union of India, for the following reliefs:
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“allow the present application seeking modification of the
order dated 05.02.2019 in Civil Appeal No. 1474 of 2019
arising out of S.L.P.(Civil) No. 12393 of 2013 and other
related Appeals to the effect that the reference to SLP
12393/2013 as reflected in the third line from top of para
26 shall be read after correction as SLP 3554835554 of
2015 and thereafter wherever the mention has been
made to RPF, the same shall be read as CAPFs under the
Ministry of Home Affairs.”
2. Having heard the learned counsel for the respective parties,
the prayer is allowed. Necessary corrections be made, as prayed.
3. M.A. No. 712 of 2019 stands allowed accordingly.
M.A. NO.774/2019 IN S.L.P. …CC NO.5738/2016
M.A. No. 774 of 2019 has been preferred by the Indian Police
Service Central Association for an appropriate order to clarify
Judgment and Order dated 5.2.2019, to the extent that the right
of the IPS Officers for deputation, in terms of the recruitment
rules, in the various CAPF are not impacted merely by grant of
Organised Group ‘A’ Central Services to the CAPF’s.
2. We have heard the learned counsel for the respective
parties.
3. At the outset, it is required to be noted that the controversy
before this Court in the main appeals was with respect to grant of
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Organised Group ‘A’ Central Services to the RPF & CAPF’s, arising
out of the respective judgments and orders passed by the High
Court holding that the RPF officers and CAPFs are entitled to
grant of Organised Group ‘A’ Central Services. There was no
issue before this Court with respect to any of the rights of the IPS
Officers for deputation in CAPF. No observations are made by
this Court in the Judgment sought to be clarified with respect to
right of the IPS Officers for deputation, in terms of the
recruitment rules, if any, in the various CAPFs. Therefore, when
the said controversy was not there, there is no question of any
clarification as sought by the application. Even otherwise, it is
required to be noted that in paragraph 26 in the Judgment and
Order sought to be clarified, it is specifically mentioned that by
granting Organised Group ‘A’ Central Services to the RPF (it
should be read as CAPF), the rights of the IPS, if any, for their
appointment on deputation on some of the posts cannot be said
to have affected. Therefore, in view of the specific
clarification/observations made in paragraph 26 of Judgment
dated 05.02.2019, no further clarification is required. Still, it is
observed that while deciding the appeals, this Court has made no
observations with respect to the right of the IPS Officers for
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deputation, in terms of the recruitment rules, if any, as the same
was not the controversy and/or issue before this Court and the
decision of this Court shall be construed with respect to grant of
Organised Group ‘A’ Central Services only. With this, the present
application stands disposed of. All other interlocutory
applications are also disposed of accordingly.
…………………………………………J.
[ROHINTON FALI NARIMAN]
NEW DELHI; ………………………………………….J.
OCTOBER 18, 2019. [M.R. SHAH]
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