Thursday, August 23, 2012

S.C.orders apply to all similarly placed persons

Note by M. L. Kanaujia :


This Judgment is important from view point that this has clearly established that the orders and

directions passed by by bon.ble Supreme Court, apply equally, to those as well, who are

“similarly placed” but who were neither Petitioners nor Respondents in the case concerned before

the hon.ble Supreme Court. In this case hon.ble Kerala High Court had given a judgment in a

case concerning service matter of ISRO Sciencetists. Latter Supreme Court gave judgment in

favour of ISRO Sciencetists and dismissed review petitions of ISRO also, repeatedly. The

Judgment passed by the hon.ble Nainital High Court, given below, therefore, has its own place

and importance and worth noting down for future references in cases concerning service matter of

both regular employees and Pensioners.

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (S/B) No. 207 of 2012

Dr. Jitendra Prasad and others …………………. Petitioners

Versus

Chairman ISRO & Secretary Department of Space ISRO HQ, Antariksh Bhawan,

New BEL Road, Bengaluru and others …………. Respondents

Present: Mr. Shashank Pandey, Advocate for the petitioners.

Ms. Anjali Bhargava, Advocate for respondents.

JUDGMENT

Coram : Hon’ble Barin Ghosh, C.J. , Hon’ble U.C. Dhyani, J.

BARIN GHOSH, C.J. (Oral)

Except Dr. A.K. Tiwari, who has expired and who is represented in the instant writ petition by

his wife Dr. Meera Tiwari, all the other petitioners are alive. Dr. A.K. Tiwari also retired as a

Scientist from Indian Space Research Organization. Except petitioner Nos. 6, 9, 10 and 14, all are

still in service. It appears that in relation to two increments and postponement of one allowance,

people, similarly situated to that of the petitioners and Dr. A.K. Tiwari, approached the Hon’ble

Kerala High Court and succeeded before the said High Court. The matter was taken

unsuccessfully before the Hon’ble Supreme Court. Petitioners and Dr. A.K. Tiwari, accordingly,

asked for similar treatment. The same having been denied, present writ petition has been filed.

2. Since the claim is on account of remuneration payable to the petitioners and Dr. A.K. Tiwari

and since there cannot be any discrimination in the matter of payment of remuneration to the

same class of employees, we direct the respondents herein to implement the judgment and the

order of the Hon’ble Kerala High Court also in favour of the petitioners and Dr. A.K. Tiwari. 2

3. With the direction as above, the writ petition is disposed of. It is hopped and expected that the

respondents will comply with the directions as above, as quickly as possible but not later than

three months from the date of service of a copy of this order upon the Indian Space Research

Organisation.

(U.C. Dhyani, J.), (Barin Ghosh, C.J.)

03.08.2012 03.08.2012

P. Singh
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