SECTION XIV

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

INTERLOCUTORY APPLICATION NO. 21456 OF 2024

(APPLICATION FOR VACATING STAY)

IN

SPECIAL LEAVE PETITION (CIVIL) Nos. 20373-20374 OF 2023

WITH PRAYER FOR INTERIM RELIEF

WITH

INTERLOCUTORY APPLICATION NOS.D  261818/2023, 261898/2023 AND 29463/2024

(APPLICATIONS FOR IMPLEADMENT, DIRECTIONS AND VACATION OF STAY)

Process Id: 469/2024

OFFICE REPORT

This Hon'ble Court, on 01st September, 2023, was pleased to pass the following order:

" Delay condoned.

 2. Heard Mr. Sukumar Pattjoshi, learned Senior Counsel appearing for the petitioners.

3. The counsel would point out that this is an inter se seniority  dispute between direct recruits and the promottees and although the petitioners were amongst the beneficiaries of the promotion through the DPC conducted on 20.04.2010 for 162 vacancies and the direct recruits were selected much later on 13.10.2010 by the UPSC, the long standing higher seniority of the earlier inducted promotess is going to be disturbed, by the impugned judgment. The counsel would then point out that the High Court erred in adverting to an erroneous affidavit of another case while dealing with WP (C) No.14092 of 2021. It is submitted that the other W.P. (C)No. 7622 of 2019 on the same issue, is still pending before Delhi High Court but wrong extract from the affidavit of another case was noted by the High Court, to pass the impugned order.

 4. Issue notice, returnable in four weeks.

 5. In the meantime, further action shall not be taken in pursuant to the impugned order, until the next date."

It is submitted that there are 42 respondents in this matter and addresses of Respondent Nos. 11 to 42 as mentioned in the petition are incomplete, hence notice could not be issued to them. 

It is submitted that in view of Ld. Registrar Court's order dated 23.11.2023, show cause notice was issued only to Respondent Nos. 1 to 10 by Registered A.D. Post on 30.11.2023. Mr. Arvind Kumar Sharma, Advocate has on 1.12.2023 filed vakalatnama/ appearance on behalf of Respondent nos. 1 to 3 and he has on 25.1.2024 filed counter affidavit. Copy of the same has been included in SLP paper books. Mr. Mukesh Kumar, Advocate has on 7.12.2023 filed vakalatnama/ appearance on behalf of Respondent No. 4 and he has also on 5.2.2024 filed counter affidavit. Copy of the same is being circulated herewith. Unserved covers containing show cause notice has been received back in respect of Respondent Nos. 5 and 10 with postal remarks ""Incomplete address" and "No such person".  As per track report of India Post, notice has been delivered to Respondent Nos. 6 and 8 but no one  has entered appearance on their behalf so far and notice has been received back in respect of Respondent No. 7 with remarks "Door locked". Track report in respect of Respondent No. 9 is not conclusive. 

It is further submitted that Ms. Anisha Upadhyay, Advocate has on 14.12.2023 filed vakalatnama/ appearance alongwith Application for impleadment to implead applicants as respondents (I.A. Diary No.  261818/2023)  but the same is defective as vakalatnama/ appearance for Respondent Nos. 10, 11, 21 and 33 is not clear. She has also filed Application for direction (I.A. No. 261898/2023). Copies of the same are being circulated herewith. 

It is further submitted that counsel for the Respondent Nos. 1 to 3 has on 25.1.2024 filed Application for Vacating Stay (I.A. No. 21456/2024) and the same has been included in SLP paper books. Counsel for the Respondent No. 4 has also on 5.2.2024 filed Application for Vacating Stay  (Registered as I.A. No. 29463/2024). Copy of the same is being circulated herewith.

It is lastly submitted that I.A. No. 21456 of 2024 was lastly mentioned before the Hon'ble Court on 6.2.2024  when the Court was pleased to pass the following order :-

" List IA No. 21456 of 2024 on 26.02.2024."

Service is not complete on Respondent Nos. 5, 7, 9 and 10 and (Respondent Nos. 11 to 42 (complete addresses not filed).

The application filed by Respondent Nos. 1 to 3 in the petitions above-mentioned are listed before the Hon'ble Court with this Office Report.

Dated : February 23, 2024

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