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Tuesday, August 10, 2010


(Tamil Nadu circle)
ITEM NO.53(PH) COURT NO.9 SECTION XII
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). 7773 OF 2009
Civil Appeal NO. 7779 of 2009
(With appln.(s) for C/delay in filing SLP)
Civil Appeal NO. 5131 of 2005

Date: 30/07/2010

These Appeals were called on for hearing today.
UPON being mentioned, the Court made the following

O R D E R

Civil Appeal No.5131 of 2005 arising out of SLP(C) No.19587 of 2003 is delinked from other matters.The remaining appeals are disposed of in terms of the signed order.
(Sukhbir Paul Kaur) (J.P. Sharma)Court Master Court Master
(Signed Order is placed on the file)

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7773 OF 2009
UNION OF INDIA & ANR. ...APPELLANTS
VERSUS
M. NALLAVAN ... RESPONDENT

O R D E R

We have heard learned counsel for the parties.

During the course of hearing of this batch of appeals, the appellants represented by the Director(Staff), Ministry of Communication & I.T., Department of Posts filed an additional affidavit which may put an end tothe controversy between the parties. In fact, the said additional affidavit has been filed pursuant to certain observations made by this Court while hearing the appeals.

It is evident from the affidavit that the entire matter was reconsidered by the Department and upon such reexamination based on humanitarian considerations, found that out of 204 respondents in all 202 respondents working in the Department against short term/leave vacancies can be accommodated against compassionate appointment vacancies for the years 2000-01 to 2009 as per the departmental guidelines. However, in the case of Postal Assistants (PA)and Sorting Assistants (SA) cadre, according to the Ministry, the number of vacancies is not enough to accommodate all of them in the cadre. It is stated that the number of vacancies earmarked for this period is only 113 whereas the number of respondents claiming the relief is 152. However, it is stated that as a one time measure, the Department is willing to accommodate them against residual vacancies of the Department. The statement made in the affidavit is made part of the record directing the respondents to act upon the same

In the circumstances, the appellants are directed to regularize the services of all the 202 respondents who are working in the Department against short term/leave vacancies with effect from their date of appointment

However, the respondents shall not be entitled for payment of any arrears on account of such regularization. But their pay and pensionary benefits are protected.
In view of this order, it is made clear that the findings recorded by the Tribunal and as well as the High Court with regard to the interpretation of office memorandums and circulars of the Department are set aside and those findings and observations shall not be treated as precedent for the purpose of any other case or cases that may be pending.

The questions of law, if any, are left open.

The appeals are accordingly disposed of without any order as to costs. The interlocutory applications are accordingly allowed.

(B. SUDERSHAN REDDY) (SURINDER SINGH NIJJAR)NEW DELHI, July 30, 2010