caselaws

Supreme Court of India
Union Of India vs Shri Harananda on 18 October, 2019Author: M.R. Shah

Bench: Hon’Ble Ms. Banerjee, M.R. Shah

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

ORDER

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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