Tuesday, April 23, 2013

Prayers of staff artists dismissed as devoid of merit by Supreme Court and related Supreme Court Order



The  Specific Prayers  of the Staff artists  in their I.A's 5 & 10  (interim applications) in   Civil Appeal 4387/2007 (AUPO Case)which were collectively  dismissed as devoid of merit by the Supreme Court on 18.4.2013  are  reproduced  below:-



PRAYER in first  I.A. No.5 (dated 27th March 2012) filed by the Staff Artists



a) Pass an order/direction directing Respondent No.4 UPSC not to act or convene a DPC based on its affidavit dated 19.1.2012 filed before CAT , New Delhi in C.P.No.217 of 2005   in O.A.No. 399/2001 and on the basis of letter dated 06.03.2012 sent by DOP&T to UPSC in so far as it may involve reopening the regularization and relevant seniority  of staff artists and such promotions which have been duly affected by the judgment of  the Hon'ble Supreme Court.

b) Pass such order or further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.



PRAYER in  second I.A. No.10  (dated 10th April 2013) filed by the Staff Artists



a) Pass an order/direction directing Respondent No.4 UPSC not to act or convene a DPC based on its letter dated 20.03.2013 sent to the Ministry of I&B in so far as it may involve reopening the date of regularisation and relevant seniority of staff artists and such promotions which are in tune and in terms of the judgment of the Hon'ble Supreme Court.

b) Pass such order or further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.





SUPREME COURT ORDER DISMISSING  BOTH APPEALS  MADE  BY STAFF ARTISTS  IN I.A. No. 5 and I.A. No 10    IS  REPRODUCED BELOW:-







ITEM NO.49               COURT NO.8             SECTION XIV

S U P R E M E   C O U R T   O F   I N D I A
RECORD OF PROCEEDINGS
IAS 5 & 10/2013 in CIVIL APPEAL NO. 4387 OF 2007
ASSN.OF UPSC RECRUITED PROG. OFFICER ETC          Appellant (s)
VERSUS
UNION OF INDIA & ORS.                             Respondent(s)
(With appln(s) for directions and office report )
Date: 18/04/2013  This Appeal was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE T.S. THAKUR
HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA

For Appellant(s) Mr. Colin Gonsalves, Sr. Adv.
Ms. Sevtlana C. Adv.
Mr. Juno Rahman, Adv.
Ms.Jyoti Mendiratta,Adv.

For Respondent(s) 
      
  Ms. Sunita Sharma, Adv.
Ms. Varuna Bhandari, Adv.
Mr. S. Wasim A. Qadri, Adv.
Mr. D.S. Mahra ,Adv
Mr. R. Venkataramani, Sr. Adv.
Ms. Charudatta Mahindrakar, Adv.
Mr. Shodhan Babu, Adv.
Ms. Neelam Singh, Adv.
Ms. Supriya Garg, Adv.
Mr. Aniruddha P. Mayee,Adv.
Mr. Bharat Sangal ,Adv
Mr. Ashwani Bhardwaj ,Adv

UPON hearing counsel the Court made the following

O R D E R
Delay condoned.
Heard.
This application has no merit and  is  dismissed  with  the
observation that any order passed by the UPSC shall remain, subject
to the ultimate outcome of this appeal, pending in this Court.
|   (GEETA AHUJA)                   |(VEENA KHERA)                |
|  Sr. P.A.                         |      Court Master           |




Explanatory Note:


1. Note that the  Staff artists Prayer  to  prevent   UPSC from acting on its  letter of 20.3.2013  has been dismissed as without merit. (This means that the UPSC can act on its letter of 20.3.2013) .  Please see scanned copy of  UPSC  letter  on the blog.

2. The Supreme Court order dismissing the staff artists  prayer also reaffirms that "any order passed by UPSC shall remain"....

Thus the Supreme Court has declared that   not only the UPSC letter dated 20.3.2013  which the staff artists had prayed to quash  (posted on the blog) is upheld , but any  previous clarifications/order  made by UPSC,  such as UPSC Secretary's affidavit  with DOPT advisory etc also remains (i.e is upheld/ to be followed ). 


3.  subject to the  ultimate outcome of this appeal ...
 This means that the Supreme Court has  directed that the  UPSC may go along with the action proposed in its letter dated 20.3.2013 regarding conduct of review DPC for the period 1990  onwards  by
a) refusing contract service
b)  strictly going by date of screening into the grade of PEX by UPSC
c)  removing those not screened from eligibility list etc ....

The above action  would be ultimately subject to any decisons/additional directions/observations  etc that the supreme court may make during the course of the Ashraf Lone Review DPC for the  previous period  i.e 1982- 1989 (before IBPS) .


1 comment:

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