Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1877 OF 2018
[@ SPECIAL LEAVE PETITION (C) NOS. 4893 OF 2018]
[DIARY NO(S). 39540 OF 2017]
UNION OF INDIA & ORS. APPELLANT(S)
VERSUS
ACQUILIN ROSE M. RESPONDENT(S)
J U D G M E N T
KURIAN, J.
1. Delay condoned. Leave granted.
2. The appellants are before this Court,
aggrieved by Judgment dated 18.07.2017 passed by
the High Court of Kerala at Ernakulam in OP(CAT)
No. 244 of 2016.
3. The dispute in this case pertains to the
claim made by the first respondent for
appointment under the Evictee Scheme of the
appellants.
4. The High Court allowed the writ petition and
Signature Not Verified
Digitally signed by
JAYANT KUMAR ARORA
Date: 2018.02.17
12:33:46 IST
Reason:
issued a direction to grant appointment under the
Evictee Scheme. When this matter came up before
this Court, it was enquired as to whether any
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Grade 'C' or 'D' post is available. On
instruction, it was informed that taking note of
the peculiar facts of the case and without
treating it as a precedent, the first respondent
can be accommodated as a Catering Attendant ‘A’,
which is a Grade 'C' post.
5. The learned counsel for the first respondent
points out that for more than seven years, the
first respondent has been working as a Technical
Assistant (though under an outsourcing
arrangement) and hence, she may be considered for
appointment at least as a Fitter, for which there
is a vacancy available. Ms. V. Mohana, learned
senior counsel, has brought to our notice that
the Fitter is a Grade 'B' post and under the
Evictee Scheme, what is available is only
appointment under either Grade 'C' or Grade 'D'
post.
6. In the above circumstances, this appeal is
disposed of directing the appellants to appoint
the first respondent forthwith as a Catering
Attendant ‘A’. However, taking note of the vast
experience and qualification of the first
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respondent, it will be open to the appellants to
utilize her services appropriately, ignoring the
category under which she is appointed. We make
it clear that there shall be no further screening
in the appointment process. We further make it
clear that this Judgment is passed in the
peculiar facts of this case and hence, it shall
not be treated as a precedent.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ MOHAN M. SHANTANAGOUDAR ]
New Delhi;
February 13, 2018.
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ITEM NO.16 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
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 39540/2017
(Arising out of impugned final judgment and order dated 18-07-2017
in OPCAT No. 244/2016 passed by the High Court Of Kerala At
Ernakulam)
UNION OF INDIA & ORS. Petitioner(s)
VERSUS
ACQUILIN ROSE M. Respondent(s)
(FOR ADMISSION and I.R. and IA No.140535/2017-CONDONATION OF DELAY
IN FILING SLP and IA No.140547/2017-PERMISSION TO FILE SYNOPSIS AND
LIST OF DATES)
Date : 13-02-2018 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
For Petitioner(s) Mrs. V. Mohana, Sr. Adv.
Ms. Rekha Pandey, Adv.
Mr. Sanjay Kumar Tyagi, Adv.
Mr. Raj Bahadur, Adv.
Mrs. Anil Katiyar, AOR
For Respondent(s) Mr. Ramesh Babu M. R., 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)