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Monday, July 28, 2014

Conflicting Decisions - No - whether the excess payment can be recovered paid by the fault of employer / can not be refunded, paid due to bonafide mistake of employer - Excess payment made to employees for no fault of them - can not be recoverable by employer after belated stage - Excess payment received by Employee -liable to be refunded like recovery of excess tax payments as no one can enrich wrongfully - Apex court held that former decisions is an equitable relief under Art.142 ,given under facts and circumstances of that case and is not binding precedent and Apex court further held that the later decisions is a declaration of law under Art.136 is binding on all as no one can enrich wrongfully and when it came to know his knowledge , he is liable to refund the same like income tax department and as such returned the reference and remanded the case to decided as per law = STATE OF PUNJAB & ORS. PETITIONER(S) VERSUS RAFIQ MASIH (WHITE WASHER) RESPONDENT(S) = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41794

       Conflicting Decisions - No - whether the excess payment can  be recovered  paid by the fault of employer / can not be refunded, paid due to bonafide mistake of employer -  Excess payment made to employees for no fault of them - can not be recoverable by employer after belated stage - Excess payment received by Employee -liable to be refunded like recovery of excess tax payments as no one can enrich wrongfully - Apex court held that former decisions is an equitable relief under Art.142 ,given under facts and circumstances of that case and is not binding precedent and Apex court further held that the later decisions is a declaration of law under Art.136 is binding on all as no one can enrich wrongfully and when it came to know his knowledge , he is liable to refund the same like income tax department  and as such returned the reference and remanded the case to decided as per law = 

   "In View of an apparent difference of  views  expressed  on  the
one hand 
in Shyam Babu Verma and Ors. vs. Union of India  &  Ors.  (1994)  2
SCC 521 and Sahib Ram Verma vs. State of Haryana  (1995)  Supp.  1  SCC  18;
and 
on the other hand  in  Chandi  Prasad  Uniyal  and  Ors.  vs.  State  of
Uttarakhand & Ors. (2012) 8 SCC 417, 
we are of the view that  the  remaining
special leave petitions should be placed before a  Bench  of  Three  Judges.
The Registry is accordingly directed to place  the  file  of  the  remaining
special leave petitions before the Hon'ble the Chief Justice  of  India  for
taking instructions for the constitution of a  Bench  of  Three  Judges,  to
adjudicate upon the present controversy."
Shyam Babu Verma and Ors. vs. Union of India  &  Ors.  (1994)  2
SCC 521
   "Although we have held that the petitioners were  entitled  only
to the pay scale of Rs.330-480 in terms of the recommendations of the  Third
Pay Commission w.e.f. January 1, 1973  and  only  after  the  period  of  10
years, they became entitled to the pay scale of Rs.330-560 but as they  have
received the scale of Rs.330-560 since 1973 due to no fault  of  theirs  and
that scale is being reduced in the year 1984 with  effect  from  January  1,
1973, it shall only be just and proper not  to  recover  any  excess  amount
which has already been paid to them.
(emphasis supplied)."

Sahib Ram Verma vs. State of Haryana  (1995)  Supp.  1  SCC  18;
"Admittedly  the  appellant  does  not  possess  the   required
educational qualifications.  Under the  circumstances  the  appellant  would
not be entitled to the relaxation.  The principal erred in granting him  the
relaxation.  Since the date of relaxation the appellant had  been  paid  his
salary on the  revised  scale.   However,  it  is  not  on  account  of  any
misrepresentation made by the appellant that the benefit of the  higher  pay
scale was given to him but by wrong construction made by the  Principal  for
which appellant cannot be held to be fault.   Under  the  circumstances  the
amount paid till date may not be recovered from the appellant."

Chandi  Prasad  Uniyal  and  Ors.  vs.  State  of Uttarakhand & Ors. (2012) 8 SCC 417, 


 "14.  We are concerned with the excess payment of public  money  which
is often described as  "taxpayers'  money"  which  belongs  neither  to  the
officers who have effected overpayment nor to the recipients.   We  fail  to
see whey the concept of fraud or misrepresentation is being brought in  such
situations.  The question to be asked is whether excess money has been  paid
or not, may be due to a  bona  fide  mistake.   Possibly,  effecting  excess
payment of public money by the government officers may  be  due  to  various
reason like negligence, carelessness, collusion, favouritism,  etc.  because
money in such  situation  does  not  belong  to  the  payer  or  the  payee.
Situations may also arise where both the payer and the payee are  at  fault,
then the mistake is mutual.  Payments are being effected in many  situations
without any authority  of  law  and  payments  have  been  received  by  the
recipients also without any authority  of  law.   Any  amount  paid/received
without the authority of law can always be recovered barring few  exceptions
of extreme hardships but not as a matter of right, in  such  situations  law
implies an obligation on the payee to repay the money,  otherwise  it  would
amount to unjust enrichment.

16.   The appellant in the appeal will not fall in any of these  exceptional
categories, over and above, there was a stipulation in  the  fixation  order
that in the condition of irregular/wrong pay fixation,  the  institution  in
which the appellants were working would be responsible for recovery  of  the
amount received in excess from the salary/pension.  In  such  circumstances,
we find no reason  to  interfere  with  the  judgment  of  the  High  Court.
However we order that excess payment made be recovered from  the  appellants
salary in 12 equal monthly instalments.”

Apex court held that 
In our view, the law laid down in Chandi Prasad  Uniyal's  case,
no way conflicts with the observations made by this Court in the  other  two
cases.  
In those decisions,  directions  were  issued  in  exercise  of  the
powers of this Court under Article 142  of  the  Constitution,  but  in  the
subsequent decision this Court under Article 136  of  the  Constitution,  in
laying down the law had dismissed the petition of the employee. 
This  Court  in  the
case of Indian Bank v. ABS Marine Products (P) Ltd.,  2006  5  SCC  72,  Ram
Pravesh Singh v. State of Bihar, (2006) 8 SCC 381 and in State  of  U.P.  v.
Neeraj Awasthi (2006) 1 SCC 667, has expounded the  principle  and  extolled
the power of Article 142 of the Constitution of  India  to  new  heights  by
laying down that the directions issued under Article 142 do  not  constitute
a binding precedent unlike Article 141 of the Constitution  of  India.  They
are direction issued to do  proper  justice  and  exercise  of  such  power,
cannot be considered as law laid down by the  Supreme  Court  under  Article
141 of the Constitution of  India.  The  Court  have  compartmentalized  and
differentiated the relief in  the  operative  portion  of  the  judgment  by
exercise of powers under Article 142 of the Constitution as against the  law
declared.  The  directions  of  the  Court  under   Article   142   of   the
Constitution, while moulding the relief, that relax the application  of  law
or exempt the case in hand from the  rigour  of  the  law  in  view  of  the
peculiar facts and circumstances do not comprise  the  ratio  decidendi  and
therefore lose its basic premise of making  it  a  binding  precedent.  This
Court on the qui vive has expanded  the  horizons  of  Article  142  of  the
Constitution by keeping it  outside  the  purview  of  Article  141  of  the
Constitution and by declaring it a direction of the Court that  changes  its
complexion with the peculiarity in the facts and circumstances of the case.

12.         Therefore, in our opinion, the decisions of the Court  based  on
different scales of Article 136 and  Article  142  of  the  Constitution  of
India cannot be best weighed on the same grounds of reasoning  and  thus  in
view of the  aforesaid  discussion,  there  is  no  conflict  in  the  views
expressed in the first two judgments and the latter judgment.

13.         In that view of the above, we  are  of  the  considered  opinion
that  reference  was  unnecessary.    Therefore,   without   answering   the
reference,  we  send  back  the  matters  to  the  Division  Bench  for  its
appropriate disposal.

2014 – July. Part – http://judis.nic.in/supremecourt/filename=41794


                                                        REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                 SPECIAL LEAVE PETITION (C) No.11684 of 2012

STATE OF PUNJAB & ORS.            PETITIONER(S)

                                   VERSUS

RAFIQ MASIH (WHITE WASHER)          RESPONDENT(S)

                                    WITH

SPECIAL LEAVE PETITION No.....CC No. 14663 of 2010
SPECIAL LEAVE PETITION (C) No. 21554 of 2013
SPECIAL LEAVE PETITION No.....CC No. 20144 of 2010
SPECIAL LEAVE PETITION No.....CC No. 9303 of 2011
SPECIAL LEAVE PETITION (C) No. 30751 of 2012
SPECIAL LEAVE PETITION (C) No. 15307 of 2013
SPECIAL LEAVE PETITION No.....CC No. 15876 of 2011
SPECIAL LEAVE PETITION No.....CC No. 16190 of 2011
SPECIAL LEAVE PETITION No.....CC No. 16326 of 2011
SPECIAL LEAVE PETITION No.....CC No. 16327 of 2011
SPECIAL LEAVE PETITION No.....CC No. 16350 of 2011
SPECIAL LEAVE PETITION No.....CC No. 16309 of 2011
SPECIAL LEAVE PETITION No.....CC No. 16325 of 2011
SPECIAL LEAVE PETITION No.....CC No. 16303 of 2011
SPECIAL LEAVE PETITION No.....CC No. 16548 of 2011
SPECIAL LEAVE PETITION No.....CC No. 16723 of 2011
SPECIAL LEAVE PETITION No.....CC No. 16594 of 2011
SPECIAL LEAVE PETITION No.....CC No. 16580 of 2011
SPECIAL LEAVE PETITION No.....CC No. 16582 of 2011
SPECIAL LEAVE PETITION No.....CC No. 16850 of 2011
SPECIAL LEAVE PETITION No.....CC No. 16904 of 2011
SPECIAL LEAVE PETITION No.....CC No. 17204 of 2011
SPECIAL LEAVE PETITION No.....CC No. 17193 of 2011
SPECIAL LEAVE PETITION No.....CC No. 17201 of 2011
SPECIAL LEAVE PETITION No.....CC No. 17192 of 2011
SPECIAL LEAVE PETITION (C) No. 30473 of 2011
SPECIAL LEAVE PETITION No.....CC No. 17388 of 2011
SPECIAL LEAVE PETITION No.....CC No. 17534 of 2011
SPECIAL LEAVE PETITION No.....CC No. 17507 of 2011
SPECIAL LEAVE PETITION No.....CC No. 17508 of 2011
SPECIAL LEAVE PETITION No.....CC No. 17709 of 2011
SPECIAL LEAVE PETITION No.....CC No. 17711 of 2011
SPECIAL LEAVE PETITION No.....CC No. 17735 of 2011
SPECIAL LEAVE PETITION No.....CC No. 17798 of 2011
SPECIAL LEAVE PETITION No.....CC No. 17888 of 2011
SPECIAL LEAVE PETITION No.....CC No. 17846 of 2011
SPECIAL LEAVE PETITION No.....CC No. 17835 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18261 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18286 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18227 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18312 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18337 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18310 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18423 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18536 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18527 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18526 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18525 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18524 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18535 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18628 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18630 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18767 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18784 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18805 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18802 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18796 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18769 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18857 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18834 of 2011
SPECIAL LEAVE PETITION No.....CC No. 18960 of 2011
SPECIAL LEAVE PETITION No.....CC No. 19116 of 2011
SPECIAL LEAVE PETITION No.....CC No. 19236 of 2011
SPECIAL LEAVE PETITION No.....CC No. 19527 of 2011
SPECIAL LEAVE PETITION No.....CC No. 19590 of 2011
SPECIAL LEAVE PETITION No.....CC No. 19552 of 2011
SPECIAL LEAVE PETITION No.....CC No. 19556 of 2011
SPECIAL LEAVE PETITION No.....CC No. 19580 of 2011
SPECIAL LEAVE PETITION No.....CC No. 19594 of 2011
SPECIAL LEAVE PETITION No.....CC No. 19597 of 2011
SPECIAL LEAVE PETITION No.....CC No. 19599 of 2011
SPECIAL LEAVE PETITION No.....CC No. 19601 of 2011
SPECIAL LEAVE PETITION No.....CC No. 19663 of 2011
SPECIAL LEAVE PETITION No. 33651 of 2011
SPECIAL LEAVE PETITION No.....CC No. 19727 of 2011
SPECIAL LEAVE PETITION No.....CC No. 19864 of 2011
SPECIAL LEAVE PETITION No.....CC No. 19837 of 2011
SPECIAL LEAVE PETITION No.....CC No. 20024 of 2011
SPECIAL LEAVE PETITION No.....CC No. 20022 of 2011
SPECIAL LEAVE PETITION No.....CC No. 20048 of 2011
SPECIAL LEAVE PETITION No.....CC No. 20291 of 2011
SPECIAL LEAVE PETITION No.....CC No. 20454 of 2011
SPECIAL LEAVE PETITION (C) No. 35876 of 2011
SPECIAL LEAVE PETITION No.....CC No. 20794 of 2011
SPECIAL LEAVE PETITION No.....CC No. 20891 of 2011
SPECIAL LEAVE PETITION No.....CC No. 21915 of 2011
SPECIAL LEAVE PETITION No.....CC No. 22256 of 2011
SPECIAL LEAVE PETITION No.....CC No. 22255 of 2011
SPECIAL LEAVE PETITION No.....CC No. 22257 of 2011
SPECIAL LEAVE PETITION (C) No. 519 of 2013
SPECIAL LEAVE PETITION No.....CC No. 133 of 2012
SPECIAL LEAVE PETITION No.....CC No. 178 of 2012
SPECIAL LEAVE PETITION (C) No. 523 of 2013
SPECIAL LEAVE PETITION No.....CC No. 434 of 2012
SPECIAL LEAVE PETITION (C) No. 524 of 2013
SPECIAL LEAVE PETITION No.....CC No. 887 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1147 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1166 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1168 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1188 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1200 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1291 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1303 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1306 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1391 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1596 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1637 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1644 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1657 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1653 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1739 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1869 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1864 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1928 of 2012
SPECIAL LEAVE PETITION No.....CC No. 1935 of 2012
SPECIAL LEAVE PETITION No.....CC No. 2209 of 2012
SPECIAL LEAVE PETITION (C) No. 6692 of 2012
SPECIAL LEAVE PETITION No.....CC No. 2818 of 2012
SPECIAL LEAVE PETITION No.....CC No. 2798 of 2012
SPECIAL LEAVE PETITION No.....CC No. 2821 of 2012
SPECIAL LEAVE PETITION No.....CC No. 2832 of 2012
SPECIAL LEAVE PETITION No.4822 of 2012
SPECIAL LEAVE PETITION No.11690 of 2012
SPECIAL LEAVE PETITION No.11702 of 2012
SPECIAL LEAVE PETITION No.11693 of 2012
SPECIAL LEAVE PETITION No.11694 of 2012
SPECIAL LEAVE PETITION No.11697 of 2012
SPECIAL LEAVE PETITION No.11699 of 2012
SPECIAL LEAVE PETITION No.11703 of 2012
SPECIAL LEAVE PETITION No.11704 of 2012
SPECIAL LEAVE PETITION No.11705 of 2012
SPECIAL LEAVE PETITION No.11706 of 2012
SPECIAL LEAVE PETITION No.11709 of 2012
SPECIAL LEAVE PETITION No.11707 of 2012
SPECIAL LEAVE PETITION No.11710 of 2012
SPECIAL LEAVE PETITION No.11712 of 2012
SPECIAL LEAVE PETITION No.....CC No. 6093 of 2012
SPECIAL LEAVE PETITION No.....CC No. 6483 of 2012
SPECIAL LEAVE PETITION No.....CC No. 6604 of 2012
SPECIAL LEAVE PETITION Nos. 6632-6633 of 2012
SPECIAL LEAVE PETITION No.....CC No.6659 of 2012
SPECIAL LEAVE PETITION (C) No. 13023 of 2013
SPECIAL LEAVE PETITION No.....CC No. 6800 of 2012
SPECIAL LEAVE PETITION No.....CC No. 6829 of 2012
SPECIAL LEAVE PETITION No.....CC No. 10109 of 2012
SPECIAL LEAVE PETITION (C) No. 11068 of 2013
SPECIAL LEAVE PETITION (C) No. 11069 of 2013
SPECIAL LEAVE PETITION No.....CC No. 12769 of 2012
SPECIAL LEAVE PETITION No.....CC No.13044 of 2012
SPECIAL LEAVE PETITION No.....CC No. 13114 of 2012
SPECIAL LEAVE PETITION No.....CC No. 13300 of 2012
SPECIAL LEAVE PETITION (C) No. 26386 of 2012
SPECIAL LEAVE PETITION (C) No. 26388 of 2012
SPECIAL LEAVE PETITION (C) No. 26389 of 2012
SPECIAL LEAVE PETITION No.26391 of 2012
SPECIAL LEAVE PETITION (C) No. 26306 of 2012
SPECIAL LEAVE PETITION No.26307 of 2012
SPECIAL LEAVE PETITION (C) No. 26308 of 2012
SPECIAL LEAVE PETITION (C) NO. 28655 of 2012
SPECIAL LEAVE PETITION (C) NO. 28812 of 2012
SPECIAL LEAVE PETITION (C) NO. 28813 of 2012
SPECIAL LEAVE PETITION (C) NO. 28814 of 2012
SPECIAL LEAVE PETITION (C) NO. 28816 of 2012
SPECIAL LEAVE PETITION (C) NO. 28815 of 2012
SPECIAL LEAVE PETITION (C) NO. 28818 of 2012
SPECIAL LEAVE PETITION (C) NO. 28817 of 2012
SPECIAL LEAVE PETITION (C) NO. 28823 of 2012
SPECIAL LEAVE PETITION (C) NO. 28819 of 2012
SPECIAL LEAVE PETITION (C) NO. 28824 of 2012
SPECIAL LEAVE PETITION (C) NO. 28825 of 2012
SPECIAL LEAVE PETITION (C) NO. 28827 of 2012
SPECIAL LEAVE PETITION (C) NO. 28828 of 2012
SPECIAL LEAVE PETITION (C) NO. 28829 of 2012
SPECIAL LEAVE PETITION (C) NO. 33343 of 2012
SPECIAL LEAVE PETITION (C) NO. 33345 of 2012
SPECIAL LEAVE PETITION (C) NO. 30246 of 2012
SPECIAL LEAVE PETITION (C) NO. 33347 of 2012
SPECIAL LEAVE PETITION (C) NO. 33350 of 2012
SPECIAL LEAVE PETITION (C) NO. 33348 of 2012
SPECIAL LEAVE PETITION (C) NO. 33352 of 2012
SPECIAL LEAVE PETITION (C) NO. 33353 of 2012
SPECIAL LEAVE PETITION (C) NO. 33354 of 2012
SPECIAL LEAVE PETITION (C) NO. 33356 of 2012
SPECIAL LEAVE PETITION (C) NO. 35328 of 2012
SPECIAL LEAVE PETITION (C) NO. 37149 of 2012
SPECIAL LEAVE PETITION (C) NO. 37151 of 2012
SPECIAL LEAVE PETITION (C) NO. 37152 of 2012
SPECIAL LEAVE PETITION (C) NO. 37153 of 2012
SPECIAL LEAVE PETITION (C) NO. 37154 of 2012
SPECIAL LEAVE PETITION (C) NO. 39202 of 2012
SPECIAL LEAVE PETITION (C) NO. 15852 of 2013
SPECIAL LEAVE PETITION (C)...  of 2013 CC NO. 2335
SPECIAL LEAVE PETITION (C) NO. 5765 of 2013
SPECIAL LEAVE PETITION (C) NO. 5821 of 2013
SPECIAL LEAVE PETITION (C) NO. 5753 of 2013
SPECIAL LEAVE PETITION (C) NO. 5810 of 2013
SPECIAL LEAVE PETITION (C) NO. 5838 of 2013
SPECIAL LEAVE PETITION (C) NO. 5751 of 2013
SPECIAL LEAVE PETITION (C) NO. 9907 of 2013
SPECIAL LEAVE PETITION (C) NO. 9909 of 2013
SPECIAL LEAVE PETITION (C) NO. 9912 of 2013
SPECIAL LEAVE PETITION (C) NO. 9911 of 2013
SPECIAL LEAVE PETITION (C) NO. 9914 of 2013
SPECIAL LEAVE PETITION (C) NO. 9915 of 2013
SPECIAL LEAVE PETITION (C) NO. 9913 of 2013
SPECIAL LEAVE PETITION (C) NO. 9916 of 2013
SPECIAL LEAVE PETITION (C) NO. 9918 of 2013
SPECIAL LEAVE PETITION (C) NO. 10927 of 2013
SPECIAL LEAVE PETITION (C) NO. 10928 of 2013
SPECIAL LEAVE PETITION (C) NO. 10929 of 2013
SPECIAL LEAVE PETITION (C) NO. 10930 of 2013
SPECIAL LEAVE PETITION (C) NO. 10931 of 2013
SPECIAL LEAVE PETITION (C) NO. 10936 of 2013
SPECIAL LEAVE PETITION (C) NO. 10933 of 2013
SPECIAL LEAVE PETITION (C) NO. 10934 of 2013
SPECIAL LEAVE PETITION (C) NO. 10935 of 2013
SPECIAL LEAVE PETITION (C) NO. 10938 of 2013
SPECIAL LEAVE PETITION (C) NO. 10939 of 2013
SPECIAL LEAVE PETITION (C) NO. 10941 of 2013
SPECIAL LEAVE PETITION (C) NO. 10940 of 2013
SPECIAL LEAVE PETITION (C) NO. 10942 of 2013
SPECIAL LEAVE PETITION (C) NO. 10943 of 2013
SPECIAL LEAVE PETITION (C) NO. 11072 of 2013
SPECIAL LEAVE PETITION (C) NO. 13021 of 2013
SPECIAL LEAVE PETITION (C).... of 2013 CC NO. 6861
SPECIAL LEAVE PETITION (C) NO. 14780 of 2013
SPECIAL LEAVE PETITION (C) NO. 14782 of 2013
SPECIAL LEAVE PETITION (C) NO. 15299 of 2013
SPECIAL LEAVE PETITION (C) NO. 15300 of 2013
SPECIAL LEAVE PETITION (C) NO. 20830 of 2013
SPECIAL LEAVE PETITION (C) NO. 15301 of 2013
SPECIAL LEAVE PETITION (C) NO. 15302 of 2013
SPECIAL LEAVE PETITION (C) NO. 15303 of 2013
SPECIAL LEAVE PETITION (C) NO. 15305 of 2013
SPECIAL LEAVE PETITION (C) NO. 19469 of 2013
SPECIAL LEAVE PETITION (C) NO. 17618 of 2013
SPECIAL LEAVE PETITION (C) NO. 20529 of 2013
SPECIAL LEAVE PETITION (C) NO. 16788 of 2013
SPECIAL LEAVE PETITION (C) NO. 18880 of 2013
SPECIAL LEAVE PETITION (C) NO. 8086 of 2014
SPECIAL LEAVE PETITION (C)...  of 2014 CC NO. 3626
SPECIAL LEAVE PETITION (C) NO. 8103 of 2014
                                     AND
                                    WITH
SPECIAL LEAVE PETITION (C) NO. 21492 of 2013
                                  O R D E R

1.          These batch of matters are placed before  us  for  authoritative
pronouncement on the apparent difference of opinion expressed  on  one  hand
in the cases of Shyam Babu Verma and Ors. v. Union of India & Ors. (1994)  2
SCC 521 and Sahib Ram Verma v. State of Haryana  (1995) Supp. 1 SCC  18  and
on  the  other  hand,   in  Chandi  Prasad  Uniyal  and  Ors.  v.  State  of
Uttarakhand & Ors. (2012) 8 SCC 417. The order of  reference  made  by  this
Court reads as under :
            "In View of an apparent difference of  views  expressed  on  the
one hand in Shyam Babu Verma and Ors. vs. Union of India  &  Ors.  (1994)  2
SCC 521 and Sahib Ram Verma vs. State of Haryana  (1995)  Supp.  1  SCC  18;
and on the other hand  in  Chandi  Prasad  Uniyal  and  Ors.  vs.  State  of
Uttarakhand & Ors. (2012) 8 SCC 417, we are of the view that  the  remaining
special leave petitions should be placed before a  Bench  of  Three  Judges.
The Registry is accordingly directed to place  the  file  of  the  remaining
special leave petitions before the Hon'ble the Chief Justice  of  India  for
taking instructions for the constitution of a  Bench  of  Three  Judges,  to
adjudicate upon the present controversy."

2.          The issue in this matter pertains  to  the  recovery  of  excess
money from  the  pensionary  benefit  of  the  respondent-white  washer,  on
account of a wrong fixation of pay by the Petitioner No.  4-  The  Executive
Engineer. The  respondent  approached  the  High  Court  by  filing  a  writ
petition. The question of law for consideration before the High  Court  was:
whether the Government is entitled to recover from an employee  any  payment
made in excess of what  the  employee  is  otherwise  entitled  to,  in  the
absence of any fraud or misrepresentation on the part of the  employee.  The
High Court relies on a Full Bench decision, and directed not to recover  the
excess amount from the respondent.

3.          We have  heard  Shri  L.N.  Rao,  learned  Additional  Solicitor
General and the learned counsel for the respondents.



4.          To answer the reference, the decisions need to be considered.

5.          In Shyam Babu Verma's case (Supra), this Court  while  observing
that the petitioners-therein were not entitled to  the  higher  pay  scales,
had come to the conclusion that since the amount has already  been  paid  to
the petitioner, for no fault  of  theirs,  the  said  amount  shall  not  be
recovered by the respondent-Union of India.  The observations made  by  this
Court in the said case are as under:

            "Although we have held that the petitioners were  entitled  only
to the pay scale of Rs.330-480 in terms of the recommendations of the  Third
Pay Commission w.e.f. January 1, 1973  and  only  after  the  period  of  10
years, they became entitled to the pay scale of Rs.330-560 but as they  have
received the scale of Rs.330-560 since 1973 due to no fault  of  theirs  and
that scale is being reduced in the year 1984 with  effect  from  January  1,
1973, it shall only be just and proper not  to  recover  any  excess  amount
which has already been paid to them.
(emphasis supplied)."

6.          In Sahib Ram Verma's case (Supra), this Court  once  again  held
that  although  the  appellant-therein  did   not   possess   the   required
educational qualification, yet the Principal granting  him  the  relaxation,
had paid his salary on the revised pay scale.  This Court  further  observed
that this was not on account of mis-representation  made  by  the  appellant
but by a mistake committed by the Principal.  In a fact  situation  of  that
nature, the Court was pleased to observe that the  amount  already  paid  to
the appellant need not be recovered.  In the words of the Court:

             "Admittedly  the  appellant  does  not  possess  the   required
educational qualifications.  Under the  circumstances  the  appellant  would
not be entitled to the relaxation.  The principal erred in granting him  the
relaxation.  Since the date of relaxation the appellant had  been  paid  his
salary on the  revised  scale.   However,  it  is  not  on  account  of  any
misrepresentation made by the appellant that the benefit of the  higher  pay
scale was given to him but by wrong construction made by the  Principal  for
which appellant cannot be held to be fault.   Under  the  circumstances  the
amount paid till date may not be recovered from the appellant."


7.          In our considered view, the observations made by the  Court  not
to recover the excess amount paid to the appellant-therein were in  exercise
of its extra-ordinary powers under Article 142 of the Constitution of  India
which vest the power in this Court to pass equitable orders in the  ends  of
justice.

8.          In Chandi Prasad Uniyal's case (Supra),  a  specific  issue  was
raised and canvassed.  The  issue  was  whether  the  appellant-therein  can
retain the amount received on the basis of irregular/wrong pay  fixation  in
the absence of any misrepresentation or fraud on his part. The  Court  after
taking into consideration the various decisions of this Court  had  come  to
the conclusion that even if by mistake of the employer the  amount  is  paid
to  the  employee  and  on  a  later  date  if  the  employer  after  proper
determination  of the same discovers that the  excess  payment  is  made  by
mistake or negligence, the  excess  payment  so  made  could  be  recovered.
While holding so this Court observed at paragraphs 14 and 16 as under:

      "14.  We are concerned with the excess payment of public  money  which
is often described as  "taxpayers'  money"  which  belongs  neither  to  the
officers who have effected overpayment nor to the recipients.   We  fail  to
see whey the concept of fraud or misrepresentation is being brought in  such
situations.  The question to be asked is whether excess money has been  paid
or not, may be due to a  bona  fide  mistake.   Possibly,  effecting  excess
payment of public money by the government officers may  be  due  to  various
reason like negligence, carelessness, collusion, favouritism,  etc.  because
money in such  situation  does  not  belong  to  the  payer  or  the  payee.
Situations may also arise where both the payer and the payee are  at  fault,
then the mistake is mutual.  Payments are being effected in many  situations
without any authority  of  law  and  payments  have  been  received  by  the
recipients also without any authority  of  law.   Any  amount  paid/received
without the authority of law can always be recovered barring few  exceptions
of extreme hardships but not as a matter of right, in  such  situations  law
implies an obligation on the payee to repay the money,  otherwise  it  would
amount to unjust enrichment.

16.   The appellant in the appeal will not fall in any of these  exceptional
categories, over and above, there was a stipulation in  the  fixation  order
that in the condition of irregular/wrong pay fixation,  the  institution  in
which the appellants were working would be responsible for recovery  of  the
amount received in excess from the salary/pension.  In  such  circumstances,
we find no reason  to  interfere  with  the  judgment  of  the  High  Court.
However we order that excess payment made be recovered from  the  appellants
salary in 12 equal monthly instalments.”


9.          In our view, the law laid down in Chandi Prasad  Uniyal's  case,
no way conflicts with the observations made by this Court in the  other  two
cases.  In those decisions,  directions  were  issued  in  exercise  of  the
powers of this Court under Article 142  of  the  Constitution,  but  in  the
subsequent decision this Court under Article 136  of  the  Constitution,  in
laying down the law had dismissed the petition of the employee.  This  Court
in a number of cases had battled with tracing the contours of the  provision
in Article  136  and  142  of  the  Constitution  of  India.  Distinctively,
although the words employed under the two aforesaid provision speak  of  the
powers of this Court, the former vest  a  plenary  jurisdiction  in  supreme
court in the matter of entertaining  and  hearing  of  appeals  by  granting
special leave against any judgment or order made by a Court or  Tribunal  in
any cause or matter. The powers are plenary to  the  extent  that  they  are
paramount to the  limitations  under  the  specific  provisions  for  appeal
contained  in  the  Constitution  or  other  laws.   Article  142   of   the
Constitution of India, on the other hand is  a  step  ahead  of  the  powers
envisaged under Article  136  of  the  Constitution  of  India.  It  is  the
exercise of jurisdiction to pass such enforceable  decree  or  order  as  is
necessary for doing ‘complete justice’ in any  cause  or  matter.  The  word
‘complete justice’ was fraught with uncertainty until  Article  142  of  the
Constitution received its first interpretation in Prem Chand Garg v.  Excise
Commissioner, U.P., AIR (1963) SC 996 which added a rider  to  the  exercise
of wide extraordinary powers by laying  down  that  though  the  powers  are
wide, the same is an ancillary power and can be used when not  expressly  in
conflict with the substantive provisions of law.  This view was endorsed  by
a Nine-Judges Bench in Naresh Shridhar Mirajkar  v.  State  of  Maharashtra,
(1966) 3 SCR 744 reiterated by a Seven Judge Bench in A.R. Antulay  v.  R.S.
Nayak, (1988) 2 SCC 602  and  finally  settled  in  the  Supreme  Court  Bar
Association v. Union of India, (1998) 4 SCC 409.


10.         Article 136  of  the  Constitution  of  India,  confers  a  wide
discretionary power on the Supreme Court to  interfere  in  suitable  cases.
Article 136 is a special jurisdiction and  can  be  best  described  in  the
words of this Court in Ramakant Rai v. Madab Rai, (2003) 12 SCC 395, “It  is
a residuary power, it is extraordinary in its amplitude, its limits when  it
chases injustice, is the sky itself”. Article 136  of  the  Constitution  of
India was legislatively intended to be exercised by  the  Highest  Court  of
the Land, with scrupulous adherence to the settled judicial  principle  well
established  by  precedents  in  our  jurisprudence.  Article  136  of   the
Constitution is a corrective jurisdiction that  vest  a  discretion  in  the
Supreme Court to settle the law clear and as forthrightly forwarded  in  the
case of Union of India v. Karnail Singh, (1995) 2 SCC 728, it makes the  law
operational to make it  a  binding  precedent  for  the  future  instead  of
keeping it vague. In short, it declares the law, as  under  Article  141  of
the Constitution.

11.         Article 142 of the Constitution of  India  is  supplementary  in
nature and cannot supplant the substantive provisions, though they  are  not
limited by the substantive provisions in the statute. It  is  a  power  that
gives preference to equity over law.  It is a justice oriented  approach  as
against the strict rigors of the law.  The directions issued  by  the  court
can normally be categorized into one, in the nature of  moulding  of  relief
and  the  other,  as  the  declaration  of  law.  ‘Declaration  of  Law’  as
contemplated in Article 141 of the Constitution:  is the speech  express  or
necessarily implied by the Highest Court of the  land.  This  Court  in  the
case of Indian Bank v. ABS Marine Products (P) Ltd.,  2006  5  SCC  72,  Ram
Pravesh Singh v. State of Bihar, (2006) 8 SCC 381 and in State  of  U.P.  v.
Neeraj Awasthi (2006) 1 SCC 667, has expounded the  principle  and  extolled
the power of Article 142 of the Constitution of  India  to  new  heights  by
laying down that the directions issued under Article 142 do  not  constitute
a binding precedent unlike Article 141 of the Constitution  of  India.  They
are direction issued to do  proper  justice  and  exercise  of  such  power,
cannot be considered as law laid down by the  Supreme  Court  under  Article
141 of the Constitution of  India.  The  Court  have  compartmentalized  and
differentiated the relief in  the  operative  portion  of  the  judgment  by
exercise of powers under Article 142 of the Constitution as against the  law
declared.  The  directions  of  the  Court  under   Article   142   of   the
Constitution, while moulding the relief, that relax the application  of  law
or exempt the case in hand from the  rigour  of  the  law  in  view  of  the
peculiar facts and circumstances do not comprise  the  ratio  decidendi  and
therefore lose its basic premise of making  it  a  binding  precedent.  This
Court on the qui vive has expanded  the  horizons  of  Article  142  of  the
Constitution by keeping it  outside  the  purview  of  Article  141  of  the
Constitution and by declaring it a direction of the Court that  changes  its
complexion with the peculiarity in the facts and circumstances of the case.

12.         Therefore, in our opinion, the decisions of the Court  based  on
different scales of Article 136 and  Article  142  of  the  Constitution  of
India cannot be best weighed on the same grounds of reasoning  and  thus  in
view of the  aforesaid  discussion,  there  is  no  conflict  in  the  views
expressed in the first two judgments and the latter judgment.

13.         In that view of the above, we  are  of  the  considered  opinion
that  reference  was  unnecessary.    Therefore,   without   answering   the
reference,  we  send  back  the  matters  to  the  Division  Bench  for  its
appropriate disposal.

Ordered accordingly.

                                                        ..................J.
                                                                (H.L. DATTU)


                                                        ..................J.
                                                              (R.K. AGRAWAL)


                                                        ..................J.
                                                               (ARUN MISHRA)
NEW DELHI;
JULY 08, 2014.














ITEM NO.101 & 126          COURT NO.2           SECTION IVB

               S U P R E M E  C O U R T  O F  I N D I A
                       RECORD OF PROCEEDINGS

SLP(C) No.11684 of 2012
(Arising out of judgment and order dated 17.01.2011 in civil Writ Petition
No. 16277 of 2010 passed  by the High Court of Punjab and Haryana at
Chandigarh )

STATE OF PUNJAB & ORS.                             Petitioner(s)

                                VERSUS

RAFIQ MASIH (WHITE WASHER)                       Respondent(s)

(With office report)
WITH
S.L.P. No.....CC No. 14663 of 2010
(With c/delay in filing SLP and office report)

S.L.P. (C) No. 21554 of 2013
(With office report)]

S.L.P. No.....CC No. 20144 of 2010
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 9303 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P.(C) No. 30751 of 2012
(With c/delay in filing/refiling SLP and office report)

S.L.P.(C) No. 15307 of 2013
(With office report)

S.L.P. No.....CC No. 15876 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 16190 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 16326 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 16327 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 16350 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 16309 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 16325 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 16303 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 16548 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 16723 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 16594 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 16580 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 16582 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 16850 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 16904 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 17204 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 17193 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 17201 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 17192 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P.(C) No. 30473 of 2011
(With prayer for interim relief and office report)

S.L.P. No.....CC No. 17388 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 17534 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 17507 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 17508 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 17709 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 17711 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 17735 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 17798 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 17888 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 17846 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 17835 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18261 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18286 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18227 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18312 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18337 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18310 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18423 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18536 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18527 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18526 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18525 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18524 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18535 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18628 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18630 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18767 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18784 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18805 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18802 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18796 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18769 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18857 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18834 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 18960 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 19116 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 19236 of 2011
(With c/delay in filing/refiling SLP and office report)


S.L.P. No.....CC No. 19527 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 19590 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 19552 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 19556 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 19580 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 19594 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 19597 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 19599 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 19601 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 19663 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P.(C) No. 33651 of 2011
(With office report)

S.L.P. No.....CC No. 19727 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 19864 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 19837 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 20024 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 20022 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 20048 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 20291 of 2011
(With c/delay in filing/refiling SLP and office report)
S.L.P. No.....CC No. 20454 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P.(C) No. 35876 of 2011
(With office report)

S.L.P. No.....CC No. 20794 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 20891 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 21915 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 22256 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 22255 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 22257 of 2011
(With c/delay in filing/refiling SLP and office report)

S.L.P.(C) No. 519 of 2013
(With appln. for  c/delay in filing SLP and office report)

S.L.P. No.....CC No. 133 of 2012
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 178 of 2012
(With c/delay in filing/refiling SLP and office report)

S.L.P.(C) No. 523 of 2013
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 434 of 2012
(With c/delay in filing/refiling SLP and office report)

S.L.P.(C) No. 524 of 2013
(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 887 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 1147 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 1166 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 1168 of 2012
(With c/delay in filing SLP and office report)
S.L.P. No.....CC No. 1188 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 1200 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 1291 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 1303 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 1306 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 1391 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 1596 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 1637 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 1644 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 1657 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 1653 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 1739 of 2012
(With c/delay in filing SLP/refiling and office report)

S.L.P. No.....CC No. 1869 of 2012
(With c/delay in filing SLP/refiling and office report)

S.L.P. No.....CC No. 1864 of 2012
(With c/delay in filing SLP/refiling and office report)



S.L.P. No.....CC No. 1928 of 2012
(With c/delay in filing SLP/refiling and office report)

S.L.P. No.....CC No. 1935 of 2012
(With c/delay in filing SLP/refiling and office report)

S.L.P. No.....CC No. 2209 of 2012
(With c/delay in filing SLP/refiling and office report)

S.L.P.(C) No. 6692 of 2012
(With prayer for interim relief and office report)
S.L.P. No.....CC No. 2818 of 2012
(With c/delay in filing SLP/refiling and office report)

S.L.P. No.....CC No. 2798 of 2012
(With c/delay in filing SLP/refiling and office report)

S.L.P. No.....CC No. 2821 of 2012
(With c/delay in filing SLP/refiling and office report)

S.L.P. No.....CC No. 2832 of 2012
(With c/delay in filing SLP/refiling)

S.L.P.(C) No. 4822 of 2012
(Permission to urge new facts and file additional documents and prayer for
interim relief and office report)

S.L.P.(C) No. 11690 of 2012
(With office report)

S.L.P. (C) No 11702 of 2012
(With office report)

S.L.P. No. 11693 of 2012
(With  office report)

S.L.P. No. 11694 of 2012
(With office report)

S.L.P. No. 11697 of 2012
(With office report)

S.L.P. No.11699 of 2012
(With appln. for permission to bring additional facts and documents on
record and office report)

S.L.P. No. 11703 of 2012
(With office report)



S.L.P. No.11704 of 2012
(With  office report)

S.L.P. No. 11705 of 2012
(With office report)

S.L.P. No. 11706 of 2012
(With office report)

S.L.P. No. 11709 of 2012
(With office report)

S.L.P. No.11707 of 2012
(With office report)

S.L.P. No.11710 of 2012
(With office report)

S.L.P. No.11712 of 2012
(With office report)

S.L.P. No.....CC No. 6093 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 6483 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 6604 of 2012
(With c/delay in filing SLP and office report)

S.L.P. Nos. 6632-6633 of 2012
(With c/delay in filing SLP/refiling and office report)

S.L.P. No.....CC No.6659 of 2012
(With c/delay in filing SLP and office report)

S.L.P.(C) No. 13023 of 2013
(With office report)

S.L.P. No.....CC No. 6800 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 6829 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 10109 of 2012
(With c/delay in filing SLP and office report)




S.L.P.(C) NO. 11072 of 2013
(With appln. for c/delay in filing SLP and office report)

S.L.P.(C) No. 11068 of 2013
(With appln. for c/delay in filing SLP and placing addl. facts and
documents on record and office report)

S.L.P.(C) No. 11069 of 2013
(With appln. for c/delay in filing SLP and office report)

S.L.P. No.....CC No. 12769 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No.13044 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 13114 of 2012
(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 13300 of 2012
(With c/delay in filing SLP and office report)



S.L.P.(C) No. 26386 of 2012
(With office report)

S.L.P.(C) No. 26388 of 2012
(With office report)

S.L.P.(C) No. 26389 of 2012
(With office report)

S.L.P. No.26391 of 2012
(With office report)

S.L.P.(C) No. 26306 of 2012
(With office report)

S.L.P. No.26307 of 2012
(With office report)

S.L.P.(C) No. 26308 of 2012
(With office report)

SLP(C) NO. 28655/2012
(With office report)

SLP(C) NO. 28812/2012
(With office report)

SLP(C) NO. 28813/2012
(With office report)

SLP(C) NO. 28814/2012
(With office report)

SLP(C) NO. 28816/2012
(With office report)

SLP(C) NO. 28815/2012
(With office report)

SLP(C) NO. 28818/2012
(With office report)

SLP(C) NO. 28817/2012
(With office report)

SLP(C) NO. 28823/2012
(With office report)

SLP(C) NO. 28819/2012
(With office report)


SLP(C) NO. 28824/2012
(With office report)

SLP(C) NO. 28825/2012
(With office report)

SLP(C) NO. 28827/2012
(With office report)

SLP(C) NO. 28828/2012
(With office report)

SLP(C) NO. 28829/2012 ]
(With office report)

SLP(C) NO. 33343/2012
(With office report)

SLP(C) NO. 33345/2012
(With office report)

SLP(C) NO. 30246/2012
(PRAYER FOR INTERIM RELIEF AND OFFICE REPORT)

SLP(C) NO. 33347/2012
(With office report)

SLP(C) NO. 33350/2012
(With office report)

SLP(C) NO. 33348/2012
(With office report)

SLP(C) NO. 33352/2012
(With office report)

SLP(C) NO. 33353/2012
(With office report)

SLP(C) NO. 33354/2012
(With office report)

SLP(C) NO. 33356/2012
(With office report)

SLP(C) NO. 35328/2012
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 37149/2012
(With office report)

SLP(C) NO. 37151/2012
(With office report)

SLP(C) NO. 37152/2012
(With office report)

SLP(C) NO. 37153/2012
(With office report)

SLP(C) NO. 37154/2012
(With office report)

SLP(C) NO. 39202/2012
(With office report)

SLP(C) NO. 15852/2013
(C/DELAY IN FILING SLP AND OFFICE REPORT FOR DIRECTION)

S.L.P.(C)... /2013 CC NO. 2335
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 5765/2013
(With office report)

SLP(C) NO. 5821/2013
(With office report)

SLP(C) NO. 5753/2013
(With office report)

SLP(C) NO. 5810/2013
(With office report)

SLP(C) NO. 5838/2013
(With office report)

SLP(C) NO. 5751/2013
(With office report)

SLP(C) NO. 9907/2013
(With office report)

SLP(C) NO. 9909/2013
(With office report)

SLP(C) NO. 9912/2013
(With office report)

SLP(C) NO. 9911/2013
(With office report)

SLP(C) NO. 9914/2013
(With office report)


SLP(C) NO. 9915/2013
(With office report)

SLP(C) NO. 9913/2013
(With office report)

SLP(C) NO. 9916/2013
(With office report)

SLP(C) NO. 9918/2013
(With office report)

SLP(C) NO. 10927/2013
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 10928/2013
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 10929/2013
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 10930/2013
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 10931/2013
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 10936/2013
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 10933/2013
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 10934/2013
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 10935/2013
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 10938/2013
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 10939/2013
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 10941/2013 )
(C/DELAY IN FILING SLP AND OFFICE REPORT)\

SLP(C) NO. 10940/2013 (S. IVB)
(C/DELAY IN FILING SLP AND OFFICE REPORT)



SLP(C) NO. 10942/2013 (S. IVB)
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 10943/2013 (S. IVB)
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 13021/2013 (S. IVB)
(C/DELAY IN FILING SLP AND OFFICE REPORT)

S.L.P.(C)... /2013 CC NO. 6861
(With office report)

SLP(C) NO. 14780/2013
(With office report)

SLP(C) NO. 14782/2013
(With office report)

SLP(C) NO. 15299/2013
(C/DELAY IN FILING SLP AND C/DELAY IN REFILING SLP AND OFFICE REPORT)

SLP(C) NO. 15300/2013
(C/DELAY IN FILING SLP AND C/DELAY IN REFILING SLP AND OFFICE REPORT)

SLP(C) NO. 20830/2013
(With office report)

SLP(C) NO. 15301/2013
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 15302/2013
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 15303/2013
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 15305/2013
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 19469/2013
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 17618/2013
(C/DELAY IN FILING SLP AND OFFICE REPORT)

SLP(C) NO. 20529/2013

SLP(C) NO. 16788/2013
(With office report)

 SLP(C) NO. 18880/2013
(With office report)

SLP(C) NO. 8086/2014
(PRAYER FOR INTERIM RELIEF)

S.L.P.(C)... /2014 CC NO. 3626
(C/DELAY IN FILING SLP)

SLP(C) NO. 8103/2014
(PRAYER FOR INTERIM RELIEF)

S.L.P.(C) No. 21492 of 2013
(With appln. for C/delay in filing SLP and prayer for interim relief and
office report)

Date : 08/07/2014     These petitions were called
      on for hearing today.




CORAM :
             HON'BLE MR. JUSTICE H.L. DATTU
             HON'BLE MR. JUSTICE R.K. AGRAWAL
             HON'BLE MR. JUSTICE ARUN KUMAR MISHRA

For Petitioner(s)      Mr. L.N. Rao, ASG
                       Mr. Nikhil Nayyar, Addl Adv. Gen.
                       Mr. Jagdish Singh Chhabra, Adv.

For Respondent(s)      Mr. Joginder Sukhija, Adv.
                       Mr. Anis Ahmed Khan, Adv.

                       Mr. Ajay Pal, Adv.

                       Mr. Kuldip Singh, Adv.

                       Ms. Naresh Bakshi, Adv.

                       Mrs. Rachana Joshi Issar, Adv.

                       Mr. Vineet Bhagat, Adv.

                       Dr.(Mrs.) Vipin Gupta, Adv.

                       Mr. Ansar Ahmad Chaudhary, Adv.

                       Mr. Dinesh Verma, Adv.
                       Mr. Subhasish Bhowmick, Adv.

                       Mr. Satyendra Kumar, Adv.

                       Mr. Kanhaiya Priyadarshi, adv.

                       Mr. Satyendra Kumar, Adv.

                       Mr. Mukesh K Verma, Adv.
                       Dr. Ashwani Bhardwaj, Adv.

                       Mr. Balbir Singh gupta, Adv.

                       Ms. Namita choudhary, Adv.

                       Mr. Anil Kumar Tandale, Adv.

                       Mrs. Kanchan Kaur Dhodi, Adv.

                       Mr. S.K. Sabharwal, Adv.

                       Mr. Sudhir Walia, Adv.
                       Mr. Abhishek Atrey, Adv.

                       Mr. Balbir Singh gupta, Adv.

                       Mr. Rahul Gupta, adv.

                       Mr. Sarad Kumar Singhania, Adv.

                       Mr. S.L. Aneja, Adv.

     UPON hearing the counsel the Court made the following
                          O R D E R

            Without answering the reference, the  matters are sent  back  to
the Division bench for its appropriate disposal.

[ Charanjeet Kaur ]               [ Vinod Kulvi ]
   Court Master                   Asstt. Registrar

     [ Signed order is placed on the file ]

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