SUPREME COURT JUDGMENT ON RRR

Supreme Court Judgment-RRR Candidates

(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

JUDGEMENT OF HON’BLE HIGH COURT OF MADRAS DISMISSINGS THE WRIT PETITION OF BPEF UNION

HON’BLE HIGH COURT OF MADRAS DISMISSED THE WRIT PETITION FILED BY BPEF UNION AGAINST THE RECOGNITION OF NFPE & FNPO P3 UNION AND IRM & ASRM UNION

Judgment delivered by Hon’ble Justice F.M.Ibrahim Kalifullah categorically made it clear that under Rule 7 and 8 of CCS RSA Rules, 1993 any recognition granted to eligible unions cannot be withdrawn unless and until the process of verification for the subsequent period of verification is duly carried out as per the Rules and Department of Posts takes a final decision.

The Judgment also brought out clearly that all the facilities and rights enjoyed by the recognised unions shall continue be enjoyed by the NFPE P3 and FNPO P3 Unions and IRM&ASRM Unions until the ongoing verification is concluded.

Copy of Judgment is placed here for the benefit of all members. The Department of Posts which had earlier issued an order cancelling the trade union facilities of our Union is expected to issue fresh order at any time immediatly restoring all the trade union facilities granted to our union and other respondent unions and associations.

The Judgment is a heavy blow to the BPEF that again and again knocking the doors of one Hon’ble Court or other instead of concentrating amongst the workers to win their hearts for their survival. It is also a blow to the forces celebrating the withdrawal of trade union facilities to our organisation and the cancellation of foreign service to General Secretary P3 Union and the Secretary General NFPE.

HISTORIC JUDGMENT LEADING TO DEPARTMENT ORDERS FOR TAKING GDS SERVICE FOR QUALIFYING SERVICE FOR PENSION

CAT BENCH MADRAS – MADRAS HIGH COURT – &  SUPREME COURT JUDGMENT IN FAVOUR OF TAKING SHORT FALL IN THE QUALIFYING SERVICE FOR PENSION FROM GDS SERVICE.

 

FULL TEXT OF JUDGMENT OF CAT MADRAS AND THE DECISION OF REJECTION OF SLP BY SUPREME COURT AS WELL AS THE DEPARTMENT OF POSTS ORDER IMPLEMENTING THE DECISION ARE AVAILABLE FOR DOWNLOAD BY CLICKING IN THE FOLLOWING LINK:

 

http://www.scribd.com/doc/27454897/Short-Fall-in-Qualifying-Service-for-Pension-to-be-taken-from-GDS-service