Legal Question in Appeals and Writs in India

Can an appeal be made in Supreme court of India against its own judgement by other Scientists (SLP (Civil) 11219 of 2012 ) in which SC restricted to only those Scientists who were part of the petetion before SC and CAT.

ITEM NO. 6 COURT NO.6 SECTION XVII

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

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil) No(s).11219/2012

(From the judgement and order dated 27/03/2012 in WP No.2503/2009 of The

HIGH COURT OF JHARKHAND AT RANCHI)

CENTRAL SILK BOARD Petitioner(s)

VERSUS

Z.M.S.KHAN & ORS. Respondent(s)

(With appln(s) for permission to file additional documents and prayer for

interim relief and office report)

(FOR FINAL DISPOSAL)

Date: 10/04/2013 This Petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE H.L. DATTU

HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR

For Petitioner(s) Mr. P.P. Rao, Sr. Adv.

Ms. Mahalakshmi Pavani,Adv.

Mr. G. Balaji, Adv.

Mr. Akshat Kulshreshta, Adv.

Ms. Saumya Misra, Adv.

For Respondent(s) Dr. Rajeev Dhawan, Sr. Adv.

Ms. M.M. Pal, Adv.

Mr. Santosh Mishra, Adv.

Mr. Sudeepto Pal, Adv.

Ms. Sharmila Upadhyay,Adv.

Mr. S.P. Singh, Sr, Adv.

Mr. D.L.Chidanand, Adv.

Mrs. Gargi Khanna, Adv.

Ms. S.K. Bajwa, Adv.

Mr. Shreekant N. Terdal,Adv

UPON hearing counsel the Court made the following

O R D E R

This special leave petition is directed against

..2/-

2

the judgment and order passed by the High Court of Jharkhand in

WP(S) No. 2503 of 2009, dated 27.03.2012. By the impugned

judgment and order, the High Court has affirmed the orders

passed by the Tribunal in O.A. No. 75 of 2008, dated 13.01.2009.

We have heard Shri P.P. Rao, learned senior counsel for

the petitioner, Dr. Rajiv Dhawan, learned senior counsel for the

respondents and Mr. S.P. Singh, learned senior counsel for the

Union of India.

In our opinion, taking into consideration the fact that

the financial implication on the petitioner-organization is too

meagre, we are not inclined to exercise our powers under Article

136 of the Constitution of India to annul the judgment(s) and

order(s) passed by the Tribunal and affirmed by the High Court.

Accordingly, we dismiss this special leave petition.

However, it is clarified that the judgment(s) and

order(s) passed by the Tribunal and affirmed by the High Court

are only in respect of those Scientists who were before the

Tribunal as applicants and are respondents in this special leave

petition.

..3/-

3

The question of law raised and argued by Shri P.P. Rao,

learned senior counsel is kept open, to be agitated in an

appropriate case.

All the contentions of both the parties are left open.

We further clarify that this order shall not be treated

as a precedent in any other case.

Ordered accordingly.

| [ Charanjeet Kaur ] | | [ Vinod Kulvi ] |

|Court Master | |Asstt. Registrar |

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