Court No 1

Added: 2026-06-03

[00:00:00]from item number 1 to six.

[00:00:04]Listen my lord I number six I pray for I I'm filing my objection my lord in the call let the case be called out >> my lord okay >> item number 7 to 15 >> item number 16 to 27 request >> maybe I mention item number 16 >> 16 >> 16 PS for I for you in the I got >> tomorrow it is not possible we'll give you next week if as late for on behalf respondent and agreed to by the council for the April Let this matter come of consultation.

[00:01:06]Next >> 86.

[00:01:13]Any other request for tomorrow?

[00:01:25]>> What is the battery? The respondent in this case going to appoint income best to proceed in the seniority list after tomorrow.

[00:01:42]>> Daily list for this item one 40 It appears that all the respondents have been served in that the matter unless there's a piece for admission on uh Okay.

[00:02:25]July 28th July.

[00:02:33]Item two.

[00:02:44]What is it? petitioned the different court. No, that's all right. Not for the merits of the case. Now, respond number six means yes. Yes, ma'am. It was included by order 284 numbers for respond number six. Which government?

[00:03:13]Director official language implementation. As Sam >> Sharma you have to find out we we are placing it for admission not all the respond even the D all the respondents have been served let this matter of consideration given under the appropriate ensure.

[00:03:44]24th July.

[00:03:48]>> Item three in terms of the office 295.

[00:04:02]>> The respond number one has been served but there is no appearance on his behalf today. Mr. awaiting giving one more opportunity to respond.

[00:04:11]Number one to contest this.

[00:04:15]The matter is adjourned to get you forgiven.

[00:04:23]>> Item four steps.

[00:04:33]>> Why have you not taken steps?

[00:04:36]My lord, you are not taking steps for the petitioner is the expert on 20th April. So I have submitted FD to proves the case in view council for the petitioner submits that that with the death of the petitioner there would be no necessity of pressing this application in public. The petition is disposed of as >> item five.

[00:05:33]Awaiting the service of notice on response number 14, 21, 32, 43 and 50. The matter 50 and 52 the matter is 179 some of the died you have to file that application actually what happen unfortunately it's not >> all right we'll see but let these persons who are alive they may be served and rest we'll see >> my we'll take fresh >> not at all we are awaiting the appearance >> 27 77 >> item number six >> is correspond you want to respond to the application >> as parade for the land council for the respondent seek some time to respond to the petition seeking conation of the of 221 days in conf such an affment be filed positively by the next day to re notify Okay. On the same heading on there were date in July >> 22nd July.

[00:06:48]>> Item seven.

[00:06:49]>> May it please your >> Yes.

[00:06:51]>> Yes.

[00:06:56]>> Yes.

[00:06:57]>> Yes. Your lordship. I'm appearing as a petitioner in person in this metro.

[00:07:02]Actually on 1911 2025 the PL that is PL number 18 of 2018 was uh dismissed due to nonprosecution of my sidehip and eventually I have filed a mis case that is miss case 02 of 2026 uh where 17 days delay was there therefore along with IIA has been filed your uh on 0204 2026 uh the honorable court has recalling uh the recalling order which was passed on 13 to 2026.

[00:07:35]>> Just a minute. Give us a minute.

[00:07:37]>> Yes, your respective Union of India will accept who appears for union of India accept notice.

[00:08:06]>> I accept notice. We condone the delay of days.

[00:08:09]>> Let the player be hurt.

[00:08:13]The delay is the notice to union of India and others accepted by the be the petition be processed and be listed on. All right. for bless >> item 8.

[00:08:53]Where is the order? Uh relevant first 21.

[00:09:08]>> No order has been passed.

[00:09:17]The directions contained in the judgment dated 261 2025 passed by this court in WPC number 994 of 2020 has not yet been complied with let notice we should be the answering respondent one Let notice issued to response number one and two.

[00:09:43]>> Yes sir.

[00:09:44]>> Response number one and two >> for network is be issued to respond number one and two to explain as to why contempt proceeding be not initiated against them for non-imple for non-implementation of the direct refer the notice to respond number one is accepted by Mr. No Mr. where is he? Ask Mr. Kir to accept both one and two. Mr. Kaneer ask him where is he? I'm talking to the state councils. You have to respond. No, if your colleague is not here, you have to respond.

[00:10:26]>> Sorry.

[00:10:26]>> Uh informed. Just don't keep your head down. That's not >> I didn't understand because that's not going to save the government.

[00:10:37]Yeah, let's not behave like allow the wind to pass off. No, that's not done.

[00:10:41]Nothing like that.

[00:10:42]>> Now, if the if the if there's no >> I will inform.

[00:10:45]>> Yes. So, we say that Mr. Kar accepts notice.

[00:10:49]>> The notice is accepted by Mr. Katnar Lendard so and so or which department be who shall respond to this petition by the next state? [music] Let extra copies be furnished to let extra copies of the application be petition be furnished to Mr. Kmir during the course of the day July 29th July inform Mr. Cut me. Yes.

[00:11:20]>> Item 94 days.

[00:11:31]>> Yes. Who accepts notice?

[00:11:34]>> Except for three and five.

[00:11:37]And for one two as >> for one one >> yes >> ask him to accept notice >> then if you want wish to respond otherwise we condone the delay on my side can be controlled >> the other side is notice to so and so has been accepted by so and so let response affidavit if so required on behalf of the respondents be filed positively by The state re notify after 4 weeks >> most of >> 317 attempted one Mr. Bora Mr. Bora why should we dismiss this application for nonp prosecution nobody's appearing for Mr. Kakna we are not here to call upon all of you names on >> let us dismiss this application for non nonappearance let him file another restoration >> or else he can also nobody nobody appears on behalf of the applicant the petitioner/ant the petition is just non prosecution now let him come we will restore it in no time let you suffer that and 1484 days delay that also they must consider.

[00:13:13]Item 11, >> notice to sole respondents on steps being taken by the applicant within a period of applicant/ women in India applicants in India and three others both uh two weeks both returnable August 10th August Item 12 for admission.

[00:13:54]>> Yes.

[00:13:56]The last order and the order last date 20th of March that is also there after it was again listed on 15 20 minutes.

[00:14:08]>> Yes Mr. What say?

[00:14:10]>> Well, yesterday night I received the extra only one time by day after tomorrow I will find my delivery.

[00:14:14]>> Now you have to tell us two things. The meantime the bench has directed that in the me till the time you arrange for the the construction then perhaps the same school be allowed to be continued >> and then you have to come out of the camp office. I mean you have to take out the camp office. These are the directions.

[00:14:33]>> Though initially that was not one of the directions because uh All right. Next week we are taking as Mr. consideration on on Tuesday next Tuesday on 265 Supreme Court pass an order in respect of where has been held all government facility including electricity has to be discountable from we'll definitely come with alterative there is a there is an order or we send you to the same page It's all right. We'll definitely make >> you have to so that it can be.

[00:15:41]Do we send it before the same bench to recall that order?

[00:15:45]>> Not required.

[00:15:47]>> Not required.

[00:15:47]>> Not required because we have to clear interest of the students.

[00:15:51]>> No. Okay.

[00:15:52]>> But then you have referred to the Supreme Court say disconnect everything in the forest >> just for now.

[00:16:00]Hey John, >> see if you think that the compliance of that order of Supreme Court naturally it has to be complied then file an application for recall of this observation.

[00:16:11]Uh >> this bench had not given you that option.

[00:16:13]>> Yes sir. True.

[00:16:14]>> This bench had directed for something else.

[00:16:17]>> True money that can also be done.

[00:16:27]>> Mr. Swami you have to handle it carefully.

[00:16:30]uh question is that if at all there is an order passed by this court passed by court uh if that runs counter to the directions by the Supreme Court you have to abide by what the Supreme Court says and simultaneously you have to seek recall or I mean modification of the >> what I what I propose let us mar this order the order to be passed instead of recalling that then the students will also support because honorable Supreme Court has not said that we will we will we restored the order passed by us sometimes earlier >> that make arrangement.

[00:17:06]>> Exactly. The order says for just few lines m a blanket moratorium shall be imposed on the extension of welfare schemes, public utilities, transport facility, electricity all correct.

[00:17:16]>> So that blanket moratorium will not be imposed on the day. It will be imposed by the state within the time frame. So in the meantime let us see we can if we can make alternate arrangement for 10 week.

[00:17:25]>> So we are not placing it next week. We are placing it after 3 weeks. Smile >> as braid for him. So and so see have you followed what has happened?

[00:17:33]>> No.

[00:17:33]>> Now this court had directed that the school we have students be accommodated in a school where infrastructure should be developed but the other bench said that no you allow that school to be continued in the forest area that cannot be done.

[00:17:47]>> So we are seeing of course the intention of the bench was to to have the continuity of education of the student for that class. But then something has to be found out. Some way has to be found out. We'll see.

[00:17:59]>> The other has pointed that so many students cannot be part of education in society. Correct.

[00:18:06]>> It can it can't be done in a forest area. No.

[00:18:08]>> No. No.

[00:18:09]>> It can't be done in a forest area.

[00:18:10]>> And regarding that also directly >> there can be no justification. It's as important as education.

[00:18:16]>> So therefore we have to find out some way out.

[00:18:18]>> Yes sir.

[00:18:18]>> Yes sir. Deeply.

[00:18:26]24th June of item just now informed me through message that he was not keeping well 13 to argue this case Mr. Yes. Just a message that is why I cannot mention my just message. So anyway, what is the response of the state in this?

[00:19:41]standing not only also speech was very >> what is your what is your stand though of course he was asking for time but let us know what is your stand why should we keep these matters pending >> uh some some sort of uh if it is required to be filed >> exactly because uh because certain aspect of the matter what has been mentioned >> the facts of the case >> yes certain certain aspect of the because I was in the single match also lo certain aspect of the matter we are supposed to give the response because all the points that has been raised in the AP we not required to respond to all these points >> have you done so >> yes >> we have given you the that of the last >> exactly state to respond have you >> no lo we have received the instruction I'm paying for the number three and four >> you should take an >> exactly I I was intending but since my friend has prayed for some accommodation Let this matter.

[00:20:39]Let this matter consideration on a date in July.

[00:20:50]Item 14.

[00:21:04]>> Yes.

[00:21:06]In this case number four name has been shown in the field demonstrate who you are appearing for a score number four.

[00:21:18]>> No appear for one to three for the department.

[00:21:23]>> Okay. All right. Yes. But in the select final select list his name appeared in the reserve category. I am only so candidate in the reserve category.

[00:21:34]He's not appointed.

[00:21:36]>> Nobody come to the judgment.

[00:21:39]>> Come to the judgment in seven page number 220 number 10.

[00:21:53]Give us the paragraph of the judgment where it has been dealt with.

[00:21:58]Here's the paragraph 10 in page number.

[00:22:24]Not conventions.

[00:22:43]How do you say that he had applied in the general category?

[00:22:48]>> Page number 48.

[00:22:51]>> Page 48.

[00:22:53]in 48.

[00:22:54]>> But why do we why do his number his room number Mr. Okay.

[00:22:58]>> Why? This is appointment pursuant to an advertisement of 2014 >> and respondent number four has been working for the last 10 years.

[00:23:08]I have this one prepared in the year 2015 standing before this honorable >> and that also post >> let let us see how do you say that he is a general category person number 48 in my 48 >> 48 C l 48 C this is the vertical of Notice >> 48 >> 48 C 48 >> there is a three pages there is reference to rule number >> there is a table there is a rule number second table in general category in the there is a general also mentioned where 020 rule number 027 029 038 038 is the responent number four which belongs to general category I have mentioned in the next page 038 038 this is the respondent number four page number 49 49 where the notice selection was made for appointment in the PM category lo notice OBC OBC 038 They have mentioned the rule number 038 is a OBC.

[00:24:40]>> That's all right. But they have >> that the only ground on which you say that he was a person of general category not accommodated the reserve category >> due to his accom this is not OBC only on the basis of this result any material that is not obviously applied and generated something like that.

[00:25:10]on various locations at the time of filing of the repeat authority. They have not published accordingly and application. Is it still lies in the realm of you know >> provide any document only they have >> why should we why should we ask them to provide after so many years >> in the year 2023 respondent authority file the FD in opposition in this case there after I got some document I had candidate in his also their phone the receipt In the year 2020 I got this document before that I have no document number four in my so some corendum also was issued >> correspond received after filing the epidemic India 2023 by the department this corandum kindly page 2112 there also they have been showed page Page 112 page 112 in Py category they have some correction was done in this where in the both category 038 mentioned in general category as well as OBC and OBC category both category in the corisand also they have my cont is that this corandum was not published in any newspaper this is my category statement in the in opposition in the year 2023 Three, they have produced this before this honorable court. I have filed application they have refused to reply this document.

[00:26:57]If at the time in my category categorically statement my statement is there >> can you hear us?

[00:27:08]>> Yes. Whether respond number four was I mean he had appeared as an OBC candidate or a general candidate. As per my instruction, he is the OBC category and in fact I have in my affidavit in opposition I have filed the OBC certificate issued in the name of the respondent number four >> under what category has applied there you have heard Mr. ABT Hate from the Mr. Chief Bondo standing council.

[00:27:47]This appeal by this appeal the judgment order dated 10 to 20 26th passed by judge of this in WPC number 381 of 2015 has been challenged.

[00:28:05]An advertisement was issued way back in the year 2014 for appointment of nine pian two posts were reserved for OBC/OBC whereas seven posts were kept unreserved out of which three were allocated to women candidates.

[00:28:28]The appalent claims to have applied as an eligible OBC candidate who underwent written screening test but his name was not found in the list of successful candidates.

[00:28:51]It has further been submitted that to his great surprise he found respond number four [cough] as a selected candidate under OPC category even though he had applied for that post under the general category.

[00:29:10]This contention was raised by the appall before the learned single judge on the basis of a declaration of the department regarding role numbers of various candidates under various categories and the role number of respond number four was found mentioned in the general category.

[00:29:31]The main contention of the opponent before the learned single judge therefore was that a person of general category would not have been accommodation in the category meant for OBC/M.

[00:29:46]It appears that the contentions were counted before the learned single by the state respondents by the state respondents as also respond number four that he was an OBC candidate and that any misrepresentation in the declaration of the state was further modified though of course belatedly.

[00:30:16]There is no camel over the fact that the respond number four is an OBC candidate and there was no material before the learned single judge to conclude otherwise that the that the appellent had performed better than respond number four merely because the role number of respond number four was shown in the general category list, it could not have been conclusively held that respond number four was not from OBC OBC category.

[00:30:58]The LED council for the respondents number 1, two and three has also submitted that the certificate the cast certificate of respond number four was scrutinized and considering the merit of respond number four he was accommodated on one post reserved for OBC/ even otherwise we are in agreement with the opinion of the London single judge that the that the recruitment process was initiated in 2014 and respond number four has been working on that post of for the last 11 years requiring no interference at least we find no merits Item 15.

[00:32:06]>> Uh may I please require I pray for a filing and affidate me.

[00:32:13]>> What is it? uh mil I prayed for a filing an affidate additional affidate to bring a notification recent circular meot uh in this type of disputes they resort to that circular that is not a part of the record so just a week's time >> but why do we why do we let you do that >> if if melod under that circular melod if such over >> overweight uh issues come up >> overweight is all right but did you did you question that no machine was used machine was bad. You have not done that.

[00:32:45]No the machine for >> video graph I mean when p drive was produced before the learned that every process was conducted >> 12 kgs overweight is something which can't be overlooked and now the process is over >> and if at all you pass the initial test there was a detailed medical examination within this >> that's why under the medical examination this this >> say then what is the use of putting a cut off or putting a threshold that well you can't be more than 60 kgs or something according to your BMI. No no no no lord that I I I I I will not claim the any benefit that which is not supported by law that is admitted now only my respectful submission before my lord is dead lord if under the circular me if these type of disputes are there came well circular came now >> for us to permit you to file it later actually I am putting handicap with my colleague he has not returned level of preparation is not such that you address all right we'll grant you time but then we grant you time sometimes in September detail >> unnecessary this is >> no I I also >> with the new gown that you wear take up these matters these are actually these are the matters before my honor that's the problem >> that's all right But then but then now your argument should be different.

[00:34:21]>> My lord I can understand >> as paid for by Mr. senior advocate. Let this matter come up for consideration on sometimes in August 1st.

[00:34:32]8th August 58 item 17 lordship in this case lordship the appelan has preferred this uh lordshiping the judgment and order that was passed by the learning as the lordship In the judgment your lordship will find pace number 103 in the state judgment lordship 11 years have passed by >> we have 11 years have passed by >> definitely now we have given a judgment whatever whatever be the situation we can't direct so far the judgement have you gone through that judgment delivered by this court >> yes lordship but so far the de case is concerned No notwari after that of course I admitted only my humble submission before this honorable court is that my case has been considered in the previous round of litigation that was considered after the deity judgment was passed.

[00:35:46]Would that make any difference? But and the learn single judge while decided the case of the present appeal >> even if just a minute even if you have he would have taken it into consideration decided that but now with the passage of 11 years or whoseever fault direct for compassionate >> approach after the after the judgment passed by the honorable supreme court in the case of now honorable supreme court has lo in the case of Canara Bank versus Ajit Kumar GK. The honorable Supreme Court has said that Lord delay on the part of the no if there is no fall on the part of the petitioner or the app in that case delay cannot be count for the default of the administration that is the ground show.

[00:36:36]>> Yes.

[00:36:37]>> It's absolutely different from what we have been following.

[00:36:43]It's Does it take note of the deory judgment was not referred in this case and it was it was decided completely in a different way and and so for the let us see yes >> citation please citation >> sharma please look into that judgmentari judgment our judgment pursuant to the where we have explained that in no circumstance can the delay be overlooked.

[00:37:25]In no circumstance the delay can be overlooked.

[00:37:48]2025 1 2 3 and put 46 Once you're bound to give us something very important.

[00:39:25]to begin.

[00:39:46]You have to go.

[00:40:00]Thank you.

[00:40:49]5% 5% ceiling. Now how to how to break that 5% ceiling? That is the only reason. Whose fault? It's not the state's fault. Lord Chief, there is an office memorandum. Lord, as per the office memorandum, Lord, the honorable Supreme Court, Lord, the Honorable Supreme Court in the case of Lord uh respond to the either Now we are not inclined presently absolutely not but you know he has been able to tell us short two lines from the jasmine trust by the supreme court recently that uh it says that if he's handto mouth and not only they fall in standard of life but if it's hand to mouth then these things can be ignored but here the fault we will not put it on you prime facade it appears that initially the district level committee approved his name but state level committee rejected it on the ground that there was no post vacant within the 5% ceiling Kota he came before the high court high court directed the SLC to again look into the matter again the SLC looked into the matter and dismissed it this time again the the kota thing was the reason and thereafter the single judge dismissed it on ground of delays no difficulty we we are in agreement with what the single just did but we cannot ignore his argument also in that case we'll find because he is also the applicant the appellent also is the son of a peer who died in harness so handtomouth condition would be there but where is the circular which says that if it is not within the if if there is no vacancy within the ceiling limit uh the the candidature of the person shall be carried over to the next year wait for another vacancy for him to be accommodated. Is there a circular like that?

[00:43:04]>> Well, I I'll certainly >> I'm told there is one I'm told by the learned kindly come to the page number 32.

[00:43:18]>> You respond to this position. I we are even otherwise. See, look at this. Our views are very clear now. This way we would be upsetting the entire part and we have not done it up till now. So many petitions have been dismissed on this ground. We are not going to do it.

[00:43:37]But let's see if we have to recall review our decision because delay is something which weighs very heavily with us.

[00:43:44]>> Yes, definitely.

[00:43:46]>> Correct. You may be under difficult situation but 11 years you have been able to tide through of course difficulty. Let us not let us not get into that poverty should not be made a ground for you know rejecting a case or something. We will we will let us see what uh what Miss Sharma has to support >> and let us see what is the consistent policy of the state in such matters. If there is no if there is no post vacant within the ceiling limit what is done by the state let's see can can we falter the state of discount?

[00:44:21]We can't unless they are selectively applying the circular anyway.

[00:44:32]>> We have heard Mr. >> Yes.

[00:44:38]>> What is your name?

[00:44:38]>> D Sharma Lord. My name has not been reflected in the costly lordship.

[00:44:43]>> We have heard Mr. D. Sharma that had advocate for the opponent and Miss S. Sharma for the respondents.

[00:45:02]The appalant who is the son of a great for who died in honest sometimes in the year 2014 is agreed by the decision of the is agreed by the decision of the learned civil judge in rejecting his claim for compassionate affordment merely on the ground of 11 years delay.

[00:45:32]11 years delay in taking a decision for his being accommodated on any class for post.

[00:45:47]Immediately after the death of his father, the appalent had applied for compassionate appointment.

[00:45:56]District level committee Barbeta had recommended his case for appointment on 25 2016 against a single vacant post in the year 2015 relying on various circulars of the government and some of the judgments of this court.

[00:46:22]The recommendation of the district level committee was forwarded to the state level committee which rejected such resolution of the district level committee in the year 2020 primarily on the ground of lack of vacancies under the compassionate appointment court.

[00:46:48]The appalent questioned such decision before this court by WPC number 1853 of 2020 wherein a direction was issued by this court to the SLC to reconsider the case of the appalent of fresh based on the district level committee's recommendation and also by applying the office memorandum dated 23 2009 within a period of 45 days.

[00:47:22]Next, pursuant to such a direction, the state level committee again considered the case of the appalent but rejected it in the year 2023 retweeting his stand that there was no post vacant within the 5% ceiling limit for compassionate appointments in class 3 and class 4.

[00:47:53]Which decision was as per the OM dated 23 2019?

[00:48:01]The appalent without losing heart. The appalent again approached this court by WPC number 1162 of 2034 questioning the second rejection by the state level committee.

[00:48:24]But by that time 11 years had passed by and they learned single judge did not entertain the petition in this instance.

[00:48:40]The contention of the Apollo is that no doubt passage of time is an important factor but if the fault is not on part of the applicant comma the principle of law evolved with respect to compassionate adornment should not be applied in a straight jacket formula.

[00:49:07]He has further submitted that in accordance with the circular comma if there are no posts vacant within the ceiling limit meant for within the ceiling limit meant for compassionate appointments.

[00:49:26]Some some arrangement is made for considering the case of such persons in the in the in the subsequent vacancy within the subsequent vacancy within the M. Sharma learned council for response number 1 to three shall respond to the afor noted argument and if possible would bring on record the relevant circular on which the appalent bases his appent has based his arguments.

[00:50:05]The affidavit shall be filed on or before the next date renotify August.

[00:50:14]We have we have our doubts but then let us see with the new judgment that he has quoted which he which he cited.

[00:50:37]Item 18.

[00:50:47]>> Yes.

[00:50:48]>> I'm appearing on behalf of >> That's all right. We are seeing you.

[00:50:51]You're appearing.

[00:50:53]>> We need a short time to file our deal.

[00:50:57]What is the what what is the affidavit filed on behalf of the state or on behalf of the parties? Uh not >> joiner joiner for what fact?

[00:51:15]You have been asked to take time because you can't we can't ask a lawyer who has not read the brief to appear and address and we are not going to discuss the case otherwise as for when do you want it? Not when after two weeks.

[00:51:37]>> Who is your senior?

[00:51:39]He should have he should have told you few facts not as prayed for behalfish and agreed to by the council for the response the matter after 3 week item 19 >> I seek only two days accommodation m this case also I receive instruction we are not asking you to give them and or pa.

[00:52:09]>> Yes ma'am.

[00:52:09]>> They are only ask she's also not asking they are only asking that make some arrangement.

[00:52:14]>> Yes ma'am.

[00:52:15]>> Midway you have thrown them out of nature. Just make that >> by day after tomorrow if >> not necessary at the place where Miss Bos wants to live.

[00:52:23]>> We don't want we just want place [snorts] under >> and if they if they if they are not landless they don't deserve they must go back to their respective state also. We are from a >> and we I have next also.

[00:52:43]>> No, I'm only saying I'm only saying from my visit to these are the caveats which they otherwise otherwise there are welfare state land policy als it's endless.

[00:52:57]>> Yes Lord >> you occupy some place in the forest land and then you come out.

[00:53:01]>> We don't want to stay inside the forest also. Lordship we need a place to stay.

[00:53:05]That's my humble submission.

[00:53:07]We are on the river bank now so many lenless people there.

[00:53:14]Can we say that so opacity? We can't.

[00:53:16]True. It is very difficult for us to say that well there are so many people what do we do? We can't >> but there are people residing over government land. There are people enclosed forest.

[00:53:29]>> See we are not whom to prioritize. My >> we are not we are not blaming you for the eviction. Not at all.

[00:53:35]>> But we are only making a request that you being a welfare state do something.

[00:53:39]We can't even ask you in black and white. Truman state has to be human has to be >> true I have received all instruction I think >> them also >> paid for by Mr. Swami landed senior ledgers.

[00:53:54]The matter is next week in June 106.

[00:54:02]Item 22 24 [clears throat] may be your lordships.

[00:54:11]>> Yes.

[00:54:13]>> Uh your lordship has earlier given us time to get the matter settled. No no no no and we didn't ask you to get the matter settled. These are not issues which where there could be any you know collaborative decision. You said that talks are underway. Therefore we >> Yes. Yes. It is the apparent side also will agree that they are also in touch with the officers in the office of the deputy commissioner. I'm only praying that some some more time is required because there are 50 families all are not coming >> the talks are still underway for the talks of settlement are still underway for the afor noted reason Mr. Moa learned additional general seeks some time to inform the court about the out reord.

[00:55:31]Yes, on 278 25 and has been passing 287 278 What?

[00:56:44]Now who appears for the bank who is prosecuting question >> what what do you want [clears throat] >> lo need a short time to >> at least orally inform us no this is a very peculiar situation >> my [clears throat] lord on 1st of April that order has been passed directing them to file their Fed.

[00:57:06]>> No, that's all right. They will file an affidavit but you must orally inform.

[00:57:09]Now what where does he go?

[00:57:11]>> Due to some medical issue we file anyway.

[00:57:15]>> Well, we'll have to give some time. He is not briefed by senior in any matter as it for on behalf of the respondent bank. The matter is adjourned to >> when after two weeks >> you don't have any apprehension of the property being attached. You have purchased it after obtaining objection.

[00:57:36]>> Yes.

[00:57:38]But there must pass and stay order because law has passed >> that we don't do. We we order everything but if there is no apprehension don't press us to do that.

[00:57:52]22nd June second item 26 m the service upon the respondent has been complicated. We have also made publications and we have also publication not through the registry.

[00:58:15]>> This is the double H >> but you are entitled for it but then you are in You for the You're right.

[00:58:29]>> He was actually post.

[00:58:33]>> Your decision is correct. The tribunal perhaps did not understand. They took a whole holistic view of the matter and decide.

[00:58:42]>> Now if the person would have been if his family would have been there at his earlier place of posting then he gets >> double madam. Madam >> he chooses to take his family to somewhere from home. He sharing his family in the home district in Son was supposed to keep him in the last >> aaiting the appearance of respond number awaiting the appearance of respond sle respondent the matter is adjourned to but don't pass any order to be if they file a content petition they must accept and come here we can't pass any stay order if next time if they don't come if you give us the evidence that it has been received by him then we can pass an order of Okay.

[00:59:34]>> Why did you not go through the registry?

[00:59:39]>> That was >> how how did you not do it?

[00:59:41]>> My lord, that that was on our part. I The present petition is directed against an order dated 20th of December 2024 passed by the tribal passed by the central administrative tribal gardi bench in O number 204 of 2020.

[01:00:27]By the impediment judgment the tribunal has directed the the petitioner/no vidyal seami and three others the petitioners to pay double h to the respondent.

[01:00:46]Not withstanding the fact that the family of the respondent had not been residing in the Ursw station where he was posted but they were residing in his home state in Hiana. Home state in Hariana.

[01:01:14]Samiti. Next paragraph. Nadal Samiti operates residential schools across India primarily for rural students and provides free accommodation to staff on campus.

[01:01:30]As an autonomous body, it follows government of India regulations and also relies on its own circulars for the benefits of the employees including incentives for postings in hard stations like Northeast Reason and Union territories like Anderman and Nikobar.

[01:01:57]H is one such incentive.

[01:02:03]Governor allowing employees transferred to these areas [snorts] to pay H for both namely the new posting if living in priv private accommodation and the old/last duty station if the family stays there in rented or owned housing.

[01:02:30]Next, it appears that the respondent was appointed sometimes in the year 2010 in Uttakhan and was transferred to in Nawad Delhi in Kikobar, a union territory and a hard station.

[01:03:07]He shifted his he instead of shifting his family to Kakobat or keeping them in his last posting in Uttarakhan.

[01:03:23]Come on. He kept them at Sonipat Hayama.

[01:03:30]Come on. His hometown, his home, his home district.

[01:03:36]He claimed double h based on various circulars based on a circular of the vidalismi which provides that the employees posted to northeast regions or union territories from outside can get har for the old station.

[01:04:06]if they don't shift their families and keep them in rented/ own housing there along with H for the new station if applicable.

[01:04:23]It appears from the records that the claim of the respondent was rejected multiple times because the application would because because the because entitlement would arise only if the family of the respondents were residing at the last or old place of posting and not at any place within his hometown or else the respondent would not otherwise qualify for double HR.

[01:05:07]Such a provision has been made to address hardships from transfer to remote areas.

[01:05:17]The tribunal directed for grant of double H to the respondent without appreciating the fact that the family of respondents had not been residing in the place where he was last posted.

[01:05:54]The court had directed for issuance of notice to the respondent by regular board and had also permitted substituted service by publication in the newspaper.

[01:06:11]The petitioner of his own published such notice in the newspaper.

[01:06:27]Which publication was not rooted through the court? Which publication was not rooted through the court?

[01:06:34]Considering this aspect of the matter, we direct the petitioner to file requisit to to to deposit requisites in the registry requisites in the registry within a period of one week where after he would be given a form of notice which shall be published in three newspapers in English, SMS and Bengali language.

[01:07:04]having good circulation in the area where the respondent resides and shall submit the clipping of such notices published in the newspapers in the registry within a period of 3 weeks thereafter. The rule is made returnable on August or September September >> September Item 27.

[01:07:43]>> Yes.

[01:07:46]>> For consideration of in >> consideration of interim prayer.

[01:07:51]Specification of >> interim >> entering prayer to special family pension >> special family pension in similar facts and circumstances you also in another m was pleased to interfere with the imp.

[01:08:09]>> Where is that order? Mal terminal has failed to appreciate that medical expert medical ignored the view of the expert body. Supreme Court lot of places tell us the facts of this case.

[01:08:41]The employee died of cerosis of liver.

[01:08:46]>> You explain to us.

[01:08:47]>> Yes.

[01:08:48]>> How do you how do you claim special family pension?

[01:08:52]>> Yes.

[01:08:53]>> Cerosis of liver is not because of any army. There was drunkenness, alcoholism.

[01:08:58]>> Yeah. That that has to be proved. Lot >> the order is required to be stayed. You file your response is >> order by the shall remain >> otherwise also you don't have a case that therefore normally we don't stay easy supplementary list item 28 to30 for hearing.

[01:09:50]>> Yes.

[01:09:52]>> Uh may I please the lord my lord uh my senior council Mr. HS is also there but >> how can how can there be a senior council I mean leading another senior >> I'm not leading my senior council me he's where >> is here >> my lord this is a matter where >> who will address us I have been >> my lord I allow him I authorize him to address your >> yes >> I'm online my lord Not believe >> my lord the issue is my lord my lordship is already once heard the matter this is the this is no >> lordship is taking up this matter for hearing otherwise this case is fixed on 7th of August along with two other matters and this case was by they have made a mention that's why this case is suddenly it is before this >> we will hear it no I we we are not ready lordship it is a surprise to us and number two lordship in the mem UCC UC UCC has also come into force not in it has been passed it has been saved >> because if that is notified then this will become redundant so let us wait for 2 months lordship >> then my lord the alternate forum for the registration of the Muslim marriages me lord is now we are now lord the people in the state lord 1.2 2 cr population is suffering because the forearm that is an argument which is misconceived special marriage act makes a promise. No me lord special marriage act we cannot go lord >> because if if we surrender to the special marriage act me lord then the religious issue will come into play meot lord we have my lordship is well aware me lord that the conditions of the special marriage act and the meot issues under the muslim personnel laws are quite different me so that's why lord if you surrender to this this repeal of 1935 act >> and This 2024 act enactment my lord >> this is not taking away any rights. This is not interfering with your your religious practices. to let interference my lord the my lord I will I will we will make an attempt my lord then >> otherwise lordship what I'm trying to emphasize is that by making a mention the matter cannot be preponed they have to file a early hearing petition prep >> otherwise case is fixed on 7 2026 along with this is the order passed in another case all these cases are fixed on a particular date >> otherwise if they want to do I'm ready on Thursday or maybe tomorrow also So myot can get fixed on Thursday because this is if we remember if we remember correctly Mr. Buhan on the last occasion Mr. Chowodri was talking about kazies only.

[01:13:05]>> Yes ma'am. He was not talking about all these you know 1935 the earlier 1937 central act then 1935 whichever now meot with all respect me to my respected senior friend is already there he has already presented preliminary submission on behalf of the allan what the advert says is make sense to us no because there's a bill which is coming uniform civil code I have gone through this act has not been repealed it has Repeal. I have a copy of this.

[01:13:38]>> Repealing provision.

[01:13:40]>> Yes. In miscellaneous.

[01:13:42]I may read it. Lordship.

[01:13:44]>> The Assam compulsory registration of Muslim marriage and divorce act 2024 is hereby repeal.

[01:13:50]>> Huh? There are two acts. One is a repeal act and other is they have challenged the fresh act.

[01:13:56]>> 2024 act.

[01:13:57]>> That is repealed.

[01:13:58]>> That is that is repealed in the in the assembly. It has been passed. So we have to get a notification for that matter when we can't then >> this whole matter will become >> August. My lord may I pray my lord during this intervening period me lord some forum under the 2024 act or under the 1935 act at least for the purpose of registration of marriages and divorces.

[01:14:20]>> Two months no wait for two months we'll have >> many people are not suffering due to the milot non certificate they even cannot apply for the >> what is the way out Mr. advocate general for this in the meanwhile registration >> they have they can register >> before the subregister's office >> rule is not there they are not >> no no there is rule four or I'll examine it lord please take up as regards rule there is another recently is not so let let there be a rule that I think rule is not there because ultimately everything will taken care of by the no but in the meantime In the meantime, if somebody gets married, it is registered.

[01:15:03]>> Let the kaj my lord idea kaj do it also my lord.

[01:15:08]>> Okay. In that case lord on third meeting just now I have received the instruction for finalization of the draft rules. Day after tomorrow we are finalizing it.

[01:15:17]>> Draft they are doing it now. Let it let it come in August. We'll hear you got let this matter come up >> for UC also. will need the rules.

[01:15:28]>> Yes.

[01:15:30]>> May I submit only one thing my lord?

[01:15:31]>> Yes.

[01:15:37]Can it be prep? Because registration is very difficult. People are suffering a lot. No. No. They for that the adjournment is not for the purposes of delaying this rule. They are doing it draft rule they have received. Whether they bring UCC or they don't bring UCC, they have to make a rule for this registration.

[01:15:57]>> Yes. My not not yet been done.

[01:16:01]That is what learned advocate general is informing this court that the draft bill has already come. So they just have to finalize it. Okay. So in any case we are fixing it to not inconvenient can it be done in July?

[01:16:20]>> No prior to >> after 220 28th of July I have no difficulty.

[01:16:28]All matters are there on 7th of August.

[01:16:31]7th of August.

[01:16:32]>> 7th of August.

[01:16:32]>> Huh? 7th of August.

[01:16:34]>> All connected matters. Let this let this petition be listed along with so and so on 7th of August.

[01:16:43]>> The date already fixed.

[01:16:45]>> Highly obliged.

[01:16:51]>> Item number 10.

[01:16:53]>> What did we do in item number 10?

[01:16:59]>> If nobody is there, what do we do? And what you feel of personal strike that off strike that off let this matter come up tomorrow you can't whatever but you can't leave it unattended nose >> you can't leave it unattended tomorrow yes do you have to say something Mr. Adhi Labad >> absolutely not my lord your lordship is seized of the matter the only difficulty that I'd like I would have liked to point out is that with regard to registration if the state is keen on bringing rules it'll only further the cause of not only the constitution but also the cause of a valid Muslim marriage my lord that's about it that's about it because because the entire basis of a Muslim nika >> Mr. Adil very very logical that's what the state is uh is required to do the state is contemplating and in fact the draft will also has come therefore we have a jured the matter there's no use you know making a parallel proceeding unnecessary deeply obliged