Home / Supreme Court / Judgments / 2011 / Diary 10063

STATE OF PUNJAB . v. SHAM LAL SHARMA .

Supreme Court of India | Diary 10063/2011

Status

ROP - of Main Case

Decided On

22-07-2016

Bench

Petitioner

STATE OF PUNJAB .

Respondent

SHAM LAL SHARMA .

Primary Holding

SKIP:model_skip

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Full Judgment Text

ITEM NO.57 COURT NO.3 SECTION IV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS IA No.2 in Civil Appeal No(s). 11527/2014 STATE OF PUNJAB & ORS. Appellant(s) VERSUS RAFIQ MASIH (WHITE WASHER) Respondent(s) (for permission to file impleadment and office report) Date : 22/07/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE ARUN MISHRA For Appellant(s) Mr. Kamal Kumar Pandey, Adv. Mr. Deepak Goel,Adv. For Respondent(s) Mr. Nikhil Nayyar, AAG Mr. Jagjit Singh Chhabra,AOR Mr. Anis Ahmed Khan,AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel for the applicant states, that the applicant may be permitted to withdraw this application, so as to enable him to approach the High Court for necessary relief, under Article 226 of the Constitution of India. Dismissed as withdrawn with liberty, as afore-mentioned. (Renuka Sadana) (Parveen Kumar ) Court Master AR-cum-PS

SECTION IV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION INTERLOCUTORY APPLICATION NO. 2 (Application for permission to file application for Impleadment) IN CIVIL APPEAL NO. 11527 OF 2014 WITH INTERLOCUTORY APPLICATION NO......... OF 2016 (Application for impleadment) WITH INTERLOCUTORY APPLICATION NO......... OF 2016 (Application for directions) AND INTERLOCUTORY APPLICATION NO......... OF 2016 (Application for stay) State of Punjab & Ors. ..Appellants VERSUS Rafiq Masih (White Washer) ...Respondent OFFICE REPORT IN DISPOSED OF MATTER The instant Appeal was disposed of vide this Hon'ble Court Order dated 18.12.2014. (Copy of order dated 18.12.2014 is annexed as Annexure A5 at Page Nos. 71-97 in the Application paper books) It is submitted that Mr. Deepak Goel, Counsel for the third party applicant has on 14.07.2016 filed Applications for permission to file Application for Impleadment with filed Vakalatnama/Appearance on behalf of the Applicant and also filed Application for impleadment with the prayer to implead the Union of India and BHEL as party Respondent. Counsel has also filed Application for directions and stay. The Application for permission to file impleadment is registered as I.A. No. 2 of 2016 and other unregistered Applications have been placed with Appeal Paper Books. The appeal paper books have been weeded out after due preservation under the Rules. Counsel has supplied fresh appeal paper books in the matter. ..2/-

..2.. The Applications in the Appeal above-mentioned were mentioned before the Hon'ble Court on 15 th July, 2016, when the Court was pleased to pass the following order:- “Post I.A. No..... of 2016 (Appln. For impleadment and directions next week before an appropriate Bench.” The application for permission to file Application for Impleadment and unregistered Applications in the appeal above-mentioned are listed before the Hon'ble Court with this office report. Dated this the 20 th day of July, 2016. ASSISTANT REGISTRAR Copy to:- 1. Mr. Jagjit Singh Chhabra, Advocate 16, New Lawyer's Chamber, SCI., New Delhi. 2. Mr. Anis Ahmed Khan, Advocate Pocket - I, 89 A, Dilshad Garden, Sahadara, Delhi-32 3. Mr. Deepak Goel, Advocate 62, Lawyers Chamber, SCI., New Delhi. ASSISTANT REGISTRAR lsuantak/c-2

Z ITEM NO.57 COURT NO.3 SECTION IV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS IA No.2 in Civil Appeal No(s). 11527/2014 STATE OF PUNJAB & ORS. Appellant(s) VERSUS RAFIQ MASIH (WHITE WASHER) Respondent(s) (for permission to file impleadment and office report) Date : 22/07/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE ARUN MISHRA For Appellant(s) Mr. Kamal Kumar Pandey, Adv. Mr. Deepak Goel,Adv. For Respondent(s) Mr. Nikhil Nayyar, AAG Mr. Jagjit Singh Chhabra,AOR Mr. Anis Ahmed Khan,AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel for the applicant states, that the applicant may be permitted to withdraw this application, so as to enable him to approach the High Court for necessary relief, under Article 226 of the Constitution of India. Dismissed as withdrawn with liberty, as afore-mentioned. (Renuka Sadana) (Parveen Kumar) Court Master AR-cum-PSSignature Not VerifiedDigitally signed byPARVEEN KUMARDate: 2016.07.2313:27:40 ISTReason:

ITEM NO.813 COURT NO.1 SECTION IV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. no..... of 2016 in Civil Appeal No(s). 11527/2014 etc.etc. STATE OF PUNJAB & ORS. Appellant(s) VERSUS RAFIQ MASIH (WHITE WASHER) Respondent(s) Date : 15/07/2016 This I.A. was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR For Appellant(s) Mr. Deepak Goel, adv. Mr. Kamal Kumar Pandey, Adv. For Respondent(s) Mr. Anis Ahmed Khan,Adv. UPON hearing the counsel the Court made the following O R D E R Post I.A. No... of 2016 (Appln. For impleadment and directions next week before an appropriate Bench. (Shashi Sareen) (Veena Khera) AR-cum-PS Court Master

Ø ITEM NO.813 COURT NO.1 SECTION IV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. no..... of 2016 in Civil Appeal No(s). 11527/2014 etc.etc. STATE OF PUNJAB & ORS. Appellant(s) VERSUS RAFIQ MASIH (WHITE WASHER) Respondent(s) Date : 15/07/2016 This I.A. was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR For Appellant(s) Mr. Deepak Goel, adv. Mr. Kamal Kumar Pandey, Adv. For Respondent(s) Mr. Anis Ahmed Khan,Adv. UPON hearing the counsel the Court made the following O R D E R Post I.A. No... of 2016 (Appln. For impleadment and directions next week before an appropriate Bench. (Shashi Sareen) (Veena Khera) AR-cum-PS Court MasterSignature Not VerifiedDigitally signed bySHASHI SAREENDate: 2016.07.1612:29:09 ISTReason:

ì ITEM NO.37 COURT NO.15 SECTION XIIA 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 (C) NO........... of 2015 (Diary No. 35969/2014) (Arising out of impugned final judgment and order dated 20/08/2014 in OSA No. 589/2014 in OSA No. 18/2014 against Com.. NO. 525/2013 in Com.Petn. NO. 171/2011 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh) M/S INNOVATINVE FOUNDARIES PVT LTD Petitioner(s) VERSUS M/S PIONEER ALLOY CASTINGS LTD (IN LIQUIDATION) AND ORS. Respondent(s) (office report on default) Date : 10/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PRAFULLA C. PANT [IN CHAMBERS] For Petitioner(s) Mr. Parivesh Singh, Adv. Mr. M. S. Kumar, Adv. Mr. Naresh Kumar,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Defects as pointed out by the Registry have not been cured. The special leave petition is dismissed for non-prosecution.Signature Not VerifiedDigitally signed byRajni MukhiDate: 2015.09.1212:42:01 ISTReason: (Rajni Mukhi) (Tapan Kumar Chakraborty) Sr. P.A. Court Master

ITEM NO.13 COURT NO.14 SECTION IVB 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 (C) Diary No. 36048/2014 (Arising out of impugned final judgment and order dated 25/07/2012 in CWP No. 10622/2012,11/07/2014 in RA No. 505/2013 passed by the High Court of Punjab & Haryana at Chandigarh) IMPROVEMENT TRUST, GURDASPUR Petitioner(s) THROUGH ITS CHAIRMAN VERSUS NAVNEET SHARMA & ORS. Respondent(s) (Office report on default) Date : 03/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL [IN CHAMBERS] For Petitioner(s) Mr. P. N. Puri, Adv. For Respondent(s) UPON hearing the counsel t he Court made the following O R D E R Learned counsel for the petitioner is granted three weeks' time to cure the defects as pointed out in the office report dated 15 th June, 2015, failing which the Special Leave Petition shall stand dismissed without further reference to the Court. (RASHI GUPTA) (CHANDER BALA) Sr.P.A. COURT MASTER

1 “ REPORTABLE ” IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 11527 OF 2014 (Arising out of SLP(C) No.11684 of 2012) State of Punjab and others etc. … Appellants versus Rafiq Masih (White Washer) etc. … Respondent(s) WITH CIVIL APPEAL NO.11528 OF 2014 [Arising out of SLP(C) No 35892 CC No. 14663 of 2010] CIVIL APPEAL NO. 11530 OF 2014 [Arising out of SLP(C) No.35914 .CC No. 20144 of 2010] CIVIL APPEAL NO.11531 OF 2014 [Arising out of SLP(C) No. 35916 CC No. 9303 of 2011] CIVIL APPEAL NO.11532 OF 2014 [Arising out of SLP(C) No. 35917 CC No. 15876 of 2011] CIVIL APPEAL NO.11533 OF 2014 [Arising out of SLP(C) No. 35919 CC No. 16190 of 2011] CIVIL APPEAL NO. 11534 OF 2014 [Arising out of SLP(C) No. 35920 CC No. 16303 of 2011] CIVIL APPEAL NO.11535 OF 2014 [Arising out of SLP(C) No. 35921 CC No. 16309 of 2011] CIVIL APPEAL NO.11536 OF 2014 [Arising out of SLP(C) No. 35923 CC No. 16325 of 2011] CIVIL APPEAL NO.11537 OF 2014 [Arising out of SLP(C) No.35924 CC No. 16326 of 2011] CIVIL APPEAL NO.11538 OF 2014 [Arising out of SLP(C) No.35927 CC No. 16327 of 2011] CIVIL APPEAL NO.11539 OF 2014 [Arising out of SLP(C) No.35928 CC No. 16350 of 2011] CIVIL APPEAL NO.11540 OF 2014 [Arising out of SLP(C) No. 35930 CC No. 16548 of 2011] CIVIL APPEAL NO.11541 OF 2014 [Arising out of SLP(C) No.35931 CC No. 16580 of 2011] CIVIL APPEAL NO.11542 OF 2014 [Arising out of SLP(C) No.35932 CC No. 16582 of 2011] CIVIL APPEAL NO.11543 OF 2014 [Arising out of SLP(C) No.35936 CC No. 16594 of 2011] CIVIL APPEAL NO.11544 OF 2014 [Arising out of SLP(C) No. 35940 CC No. 16723 of 2011] CIVIL APPEAL NO.11545 OF 2014 [Arising out of SLP(C) No. 35941 CC No. 16850 of 2011] CIVIL APPEAL NO.11546 OF 2014 [Arising out of SLP(C) No. 35943 CC No. 16904 of 2011] CIVIL APPEAL NO.11547 OF 2014 [Arising out of SLP(C) No. 35944 CC No. 17192 of 2011] CIVIL APPEAL NO.11548 OF 2014 [Arising out of SLP(C) No. 35945 CC No. 17193 of 2011] CIVIL APPEAL NO.11549 OF 2014 [Arising out of SLP(C) No.35948 CC No. 17201 of 2011] CIVIL APPEAL NO.11550 OF 2014 [Arising out of SLP(C) No. 35949 CC No. 17204 of 2011] CIVIL APPEAL NO.11551 OF 2014 [Arising out of SLP(C) No. 35951 CC No. 17388 of 2011] CIVIL APPEAL NO.11552 OF 2014 [Arising out of SLP(C) No. 35952 CC No. 17507 of 2011] CIVIL APPEAL NO.11553 OF 2014 [Arising out of SLP(C) No. 35954 CC No. 17508 of 2011] CIVIL APPEAL NO.11554 OF 2014 [Arising out of SLP(C) No. 35955 CC No. 17534 of 2011] CIVIL APPEAL NO.11555 OF 2014 [Arising out of SLP(C) No. 35956 CC No.17709 of 2011] CIVIL APPEAL NO.11556 OF 2014 [Arising out of SLP(C) No. 35957 CC No.17711 of 2011] CIVIL APPEAL NO.11557 OF 2014 [Arising out of SLP(C) No. 35958 CC No.17735 of 2011] CIVIL APPEAL NO.11558 OF 2014 [Arising out of SLP(C) No. 35959 CC No. 17798 of 2011] CIVIL APPEAL NO.11559 OF 2014 [Arising out of SLP(C) No. 35960 CC No.17835 of 2011] CIVIL APPEAL NO.11560 OF 2014 [Arising out of SLP(C) No. 35961 CC No. 17846 of 2011] CIVIL APPEAL NO.11561 OF 2014 [Arising out of SLP(C) No. 35962 CC No. 17888 of 2011] CIVIL APPEAL NO.11562 OF 2014 [Arising out of SLP(C) No. 35963 CC No. 18227 of 2011] CIVIL APPEAL NO.11563 OF 2014 [Arising out of SLP(C) No.35964 CC No. 18261 of 2011] CIVIL APPEAL NO.11564 OF 2014 [Arising out of SLP(C) No.35965 CC No. 18286 of 2011]

2 CIVIL APPEAL NO.11565 OF 2014 [Arising out of SLP(C) No. 35967 CC No.18310 of 2011] CIVIL APPEAL NO.11566 OF 2014 [Arising out of SLP(C) No.35968 CC No.18312 of 2011] CIVIL APPEAL NO.11567 OF 2014 [Arising out of SLP(C) No. 35969 CC No. 18337 of 2011] CIVIL APPEAL NO.11568 OF 2014 [Arising out of SLP(C) No. 35971 CC No. 18423 of 2011] CIVIL APPEAL NO. 11569 OF 2014 [Arising out of SLP(C) No. 35972 CC No. 18524 of 2011] CIVIL APPEAL NO. 11570 OF 2014 [Arising out of SLP(C) No. 35973 CC No. 18525 of 2011] CIVIL APPEAL NO. 11571 OF 2014 [Arising out of SLP(C) No. 35975 CC No. 18526 of 2011] CIVIL APPEAL NO. 11572 OF 2014 [Arising out of SLP(C) No.35976 CC No.18527 of 2011] CIVIL APPEAL NO. 11573 OF 2014 [Arising out of SLP(C) No. 35977 CC No.18535 of 2011] CIVIL APPEAL NO. 11575 OF 2014 [Arising out of SLP(C) No. 35980 CC No.18536 of 2011] CIVIL APPEAL NO. 11574 OF 2014 [Arising out of SLP(C) No. 35979 CC No.18628 of 2011] CIVIL APPEAL NO. 11576 OF 2014 [Arising out of SLP(C) No. 35981 CC No.18630 of 2011] CIVIL APPEAL NO. 11577 OF 2014 [Arising out of SLP(C) No. 35982 CC No.18767 of 2011] CIVIL APPEAL NO. 11578 OF 2014 [Arising out of SLP(C) No. 35983 CC No. 18769 of 2011] CIVIL APPEAL NO. 11579 OF 2014 [Arising out of SLP(C) No. 35984 CC No.18784 of 2011] CIVIL APPEAL NO. 11580 OF 2014 [Arising out of SLP(C) No. 35985 CC No.18796 of 2011] CIVIL APPEAL NO. 11581 OF 2014 [Arising out of SLP(C) No.35986 CC No.18802 of 2011] CIVIL APPEAL NO. 11582 OF 2014 [Arising out of SLP(C) No. 35987 CC No.18805 of 2011] CIVIL APPEAL NO. 11583 OF 2014 [Arising out of SLP(C) No. 35989 CC No. 18834 of 2011] CIVIL APPEAL NO. 11584 OF 2014 [rising out of SLP(C) No. 35990 CC No. 18857 of 2011] CIVIL APPEAL NO. 11585 OF 2014 [Arising out of SLP(C) No.35991 CC No.18960 of 2011] CIVIL APPEAL NO. 11586 OF 2014 [Arising out of SLP(C) No. 35993 CC No. 19116 of 2011] CIVIL APPEAL NO. 11587 OF 2014 [Arising out of SLP(C) No. 35994 CC No. 19236 of 2011] CIVIL APPEAL NO. 11588 OF 2014 [Arising out of SLP(C) No. 35995 CC No. 19527 of 2011] CIVIL APPEAL NO. 11589 OF 2014 [Arising out of SLP(C) No. 35996 CC No. 19552 of 2011] CIVIL APPEAL NO. 11590 OF 2014 [Arising out of SLP(C) No. 35997 CC No. 19556 of 2011] CIVIL APPEAL NO. 11591 OF 2014 [Arising out of SLP(C) No. 35999 CC No.19580 of 2011] CIVIL APPEAL NO. 11593 OF 2014 [Arising out of SLP(C) No. 36000 CC No. 19590 of 2011] CIVIL APPEAL NO. 11594 OF 2014 [Arising out of SLP(C) No. 36001 CC No.19594 of 2011] CIVIL APPEAL NO. 11595 OF 2014 [Arising out of SLP(C) No. 36002 CC No. 19597 of 2011] CIVIL APPEAL NO. 11596 OF 2014 [Arising out of SLP(C) No. 36003 CC No.19599 of 2011] CIVIL APPEAL NO. 11597 OF 2014 [Arising out of SLP(C) No.36004 CC No.19601 of 2011] CIVIL APPEAL NO. 11598 OF 2014 [Arising out of SLP(C) No. 36005 CC No.19663 of 2011] CIVIL APPEAL NO. 11599 OF 2014 [Arising out of SLP(C) No. 36007 CC No. 19727 of 2011] CIVIL APPEAL NO. 11600 OF 2014 [Arising out of SLP(C) No. 36008 CC No. 19837 of 2011] CIVIL APPEAL NO. 11601 OF 2014 [Arising out of SLP(C) No. 36010 CC No.19864 of 2011] CIVIL APPEAL NO. 11602 OF 2014 [Arising out of SLP(C) No. 36011 CC No. 20022 of 2011] CIVIL APPEAL NO. 11603 OF 2014 [Arising out of SLP(C) No. 36012 CC No. 20024 of 2011] CIVIL APPEAL NO. 11605 OF 2014 [Arising out of SLP(C) No. 36014 CC No. 20048 of 2011] CIVIL APPEAL NO. 11606 OF 2014 [Arising out of SLP(C) No. 36015 CC No.20291 of 2011] CIVIL APPEAL NO. 11607 OF 2014 [Arising out of SLP(C) No. 36016 CC No.20454 of 2011] CIVIL APPEAL NO. 11608 OF 2014 [Arising out of SLP(C) No. 36018 CC No.20794 of 2011] CIVIL APPEAL NO. 11609 OF 2014 [Arising out of SLP(C) No.36019 CC No.20891 of 2011] CIVIL APPEAL NO. 11610 OF 2014 [Arising out of SLP(C) No. 36022 CC No.21915 of 2011] CIVIL APPEAL NO. 11611 OF 2014 [Arising out of SLP(C) No. 36024 CC No. 22255 of 2011] CIVIL APPEAL NO. 11612 OF 2014 [Arising out of SLP(C) No. 36026 CC No.22256 of 2011] CIVIL APPEAL NO. 11613 OF 2014 [Arising out of SLP(C) No. 36027 CC No.22257 of 2011] CIVIL APPEAL NO. 11614 OF 2014 [Arising out of SLP(C) No. 30473 of 2011] CIVIL APPEAL NO. 11615 OF 2014 [Arising out of SLP(C) No. 33651 of 2011] CIVIL APPEAL NO. 11616 OF 2014 [Arising out of SLP(C) No. 35876 of 2011] CIVIL APPEAL NO. 11617 OF 2014 [Arising out of SLP(C) No. 36029 CC No. 133 of 2012] CIVIL APPEAL NO. 11618 OF 2014 [Arising out of SLP(C) No. 36030 CC No. 178 of 2012] CIVIL APPEAL NO. 11619 OF 2014 [Arising out of SLP(C) No. 36031 CC No. 434 of 2012] CIVIL APPEAL NO. 11620 OF 2014 [Arising out of SLP(C) No. 36032 CC No. 887 of 2012] CIVIL APPEAL NO. 11621 OF 2014 [Arising out of SLP(C) No. 36033 CC No. 1147 of 2012] CIVIL APPEAL NO. 11622 OF 2014 [Arising out of SLP(C) No.36034 CC No. 1166 of 2012] CIVIL APPEAL NO. 11623 OF 2014 [Arising out of SLP(C) No. 36036 CC No. 1168 of 2012]

3 CIVIL APPEAL NO. 11624 OF 2014 [Arising out of SLP(C) No. 36037 CC No. 1188 of 2012] CIVIL APPEAL NO. 11625 OF 2014 [Arising out of SLP(C) No. 36038 CC No. 1200 of 2012] CIVIL APPEAL NO. 11626 OF 2014 [Arising out of SLP(C) No. 36039 CC No. 1291 of 2012] CIVIL APPEAL NO. 11627 OF 2014 [Arising out of SLP(C) No. 36040 CC No. 1303 of 2012] CIVIL APPEAL NO. 11628 OF 2014 [Arising out of SLP(C) No. 36042 CC No. 1306 of 2012] CIVIL APPEAL NO. 11629 OF 2014 [Arising out of SLP(C) No.36043 CC No. 1391 of 2012] CIVIL APPEAL NO. 11630 OF 2014 [Arising out of SLP(C) No. 36044 C No. 1596 of 2012] CIVIL APPEAL NO. 11631 OF 2014 [Arising out of SLP(C) No. 36045 CC No. 1637 of 2012] CIVIL APPEAL NO. 11632 OF 2014 [Arising out of SLP(C) No.36046 CC No. 1644 of 2012] CIVIL APPEAL NO. 11633 OF 2014 [Arising out of SLP(C) No. 36047 CC No. 1653 of 2012] CIVIL APPEAL NO. 11636 OF 2014 [Arising out of SLP(C) No. 36048 CC No. 1657 of 2012] CIVIL APPEAL NO. 11637 OF 2014 [Arising out of SLP(C) No. 36049 CC No. 1739 of 2012] CIVIL APPEAL NO. 11638 OF 2014 [Arising out of SLP(C) No. 36051 CC No. 1864 of 2012] CIVIL APPEAL NO. 11639 OF 2014 [Arising out of SLP(C) No. 36052 CC No. 1869 of 2012] CIVIL APPEAL NO. 11640 OF 2014 [Arising out of SLP(C) No. 36053 CC No. 1928 of 2012] CIVIL APPEAL NO. 11641 OF 2014 [Arising out of SLP(C) No. 36054 CC No. 1935 of 2012] CIVIL APPEAL NO. 11642 OF 2014 [Arising out of SLP(C) No. 36055 CC No. 2209 of 2012] CIVIL APPEAL NO. 11643 OF 2014 [Arising out of SLP(C) No. 36056 CC No. 2798 of 2012] CIVIL APPEAL NO. 11644 OF 2014 [Arising out of SLP(C) No. 36058 CC No. 2818 of 2012] CIVIL APPEAL NO. 11645 OF 2014 [Arising out of SLP(C) No. 36059 CC No. 2821 of 2012] CIVIL APPEAL NO. 11646 OF 2014 [Arising out of SLP(C) No.36062 CC No. 2832 of 2012] CIVIL APPEAL NO. 11647 OF 2014 [Arising out of SLP(C) No. 4822 of 2012] CIVIL APPEAL NO. 11648 OF 2014 [Arising out of SLP(C) No. 36063 CC No. 6093 of 2012] CIVIL APPEAL NO. 11649 OF 2014 [Arising out of SLP(C) No. 36065 CC No. 6483 of 2012] CIVIL APPEAL NO. 11650 OF 2014 [Arising out of SLP(C) No. 36067 CC No. 6604 of 2012] CIVIL APPEAL NOS.11651-52 OF 2014 [Arising out of SLP(C) Nos36068-69 CC Nos.6632-6633 of 2012] CIVIL APPEAL NO. 11653 OF 2014 [Arising out of SLP(C) No.36070 CC No. 6659 of 2012] CIVIL APPEAL NO. 11654 OF 2014 [Arising out of SLP(C) No. 6692 of 2012] CIVIL APPEAL NO. 11655 OF 2014 [Arising out of SLP(C) No. 36071 CC No. 6800 of 2012] CIVIL APPEAL NO. 11656 OF 2014 [Arising out of SLP(C) No. 36072 CC No. 6829 of 2012] CIVIL APPEAL NO. 11657 OF 2014 [Arising out of SLP(C) No. 36073 CC No. 10109 of 2012] CIVIL APPEAL NO. 11658 OF 2014 [Arising out of SLP(C) No. 11690 of 2012] CIVIL APPEAL NO. 11659 OF 2014 [Arising out of SLP(C) No. 11693 of 2012] CIVIL APPEAL NO. 11660 OF 2014 [Arising out of SLP(C) No.11694 of 2012] CIVIL APPEAL NO. 11661 OF 2014 [Arising out of SLP(C) No. 11697 of 2012] CIVIL APPEAL NO. 11662 OF 2014 [Arising out of SLP(C) No. 11699 of 2012] CIVIL APPEAL NO. 11663 OF 2014 [Arising out of SLP(C) No. 11702 of 2012] CIVIL APPEAL NO. 11664 OF 2014 [Arising out of SLP(C) No. 11703 of 2012] CIVIL APPEAL NO. 11665 OF 2014 [Arising out of SLP(C) No. 11705 of 2012] CIVIL APPEAL NO. 11666 OF 2014 [Arising out of SLP(C) No. 11706 of 2012] CIVIL APPEAL NO. 11667 OF 2014 [Arising out of SLP(C) No. 11707 of 2012] CIVIL APPEAL NO. 11668 OF 2014 [Arising out of SLP(C) No. 11709 of 2012] CIVIL APPEAL NO. 11669 OF 2014 [Arising out of SLP(C) No. 11710 of 2012] CIVIL APPEAL NO. 11670 OF 2014 [Arising out of SLP(C) No. 11712 of 2012] CIVIL APPEAL NO. 11671 OF 2014 [Arising out of SLP(C) No.36086 CC No. 12769 of 2012] CIVIL APPEAL NO. 11672 OF 2014 [Arising out of SLP(C) No. 36089 CC No. 13044 of 2012] CIVIL APPEAL NO. 11673 OF 2014 [Arising out of SLP(C) No. 36091 CC No. 13114 of 2012] CIVIL APPEAL NO. 11674 OF 2014 [Arising out of SLP(C) No. 36092 CC No. 13300 of 2012] CIVIL APPEAL NO. 11675 OF 2014 [Arising out of SLP(C) No. 26306 of 2012] CIVIL APPEAL NO. 11676 OF 2014 [Arising out of SLP(C) No. 26307 of 2012] CIVIL APPEAL NO. 11677 OF 2014 [Arising out of SLP(C) No. 26308 of 2012] CIVIL APPEAL NO. 11678 OF 2014 [Arising out of SLP(C) No. 26386 of 2012] CIVIL APPEAL NO. 11679 OF 2014 [Arising out of SLP(C) No. 26388 of 2012] CIVIL APPEAL NO. 11680 OF 2014 [Arising out of SLP(C) No. 26389 of 2012] CIVIL APPEAL NO. 11681 OF 2014 [Arising out of SLP(C) No. 26391 of 2012] CIVIL APPEAL NO. 11682 OF 2014 [Arising out of SLP(C) No. 28655 of 2012]

4 CIVIL APPEAL NO. 11683 OF 2014 [Arising out of SLP(C) No. 28812 of 2012] CIVIL APPEAL NO. 11684 OF 2014 [Arising out of SLP(C) No. 28813 of 2012] CIVIL APPEAL NO. 11685 OF 2014 [Arising out of SLP(C) No. 28814 of 2012] CIVIL APPEAL NO. 11686 OF 2014 [Arising out of SLP(C) No. 28815 of 2012] CIVIL APPEAL NO. 11687 OF 2014 [Arising out of SLP(C) No. 28816 of 2012] CIVIL APPEAL NO. 11688 OF 2014 [Arising out of SLP(C) No. 28817 of 2012] CIVIL APPEAL NO. 11689 OF 2014 [Arising out of SLP(C) No. 28818 of 2012] CIVIL APPEAL NO. 11713 OF 2014 (Arising out of SLP(C) No. 28819 of 2012] CIVIL APPEAL NO. 11717 OF 2014 [Arising out of SLP(C) No. 28823 of 2012] CIVIL APPEAL NO. 11720 OF 2014 [Arising out of SLP(C) No. 28824 of 2012] CIVIL APPEAL NO. 11721 OF 2014 [Arising out of SLP(C) No. 28825 of 2012] CIVIL APPEAL NO. 11723 OF 2014 [Arising out of SLP(C) No. 28827 of 2012] CIVIL APPEAL NO. 11724 OF 2014 [Arising out of SLP(C) No. 28828 of 2012] CIVIL APPEAL NO. 11727 OF 2014 [Arising out of SLP(C) No. 28829 of 2012] CIVIL APPEAL NO. 11729 OF 2014 [Arising out of SLP(C) No. 30246 of 2012] CIVIL APPEAL NO. 11731 OF 2014 [Arising out of SLP(C) No. 30751 of 2012] CIVIL APPEAL NO. 11735 OF 2014 [Arising out of SLP(C) No. 33343 of 2012] CIVIL APPEAL NO. 11741 OF 2014 [Arising out of SLP(C) No. 33345 of 2012] CIVIL APPEAL NO. 11743 OF 2014 [Arising out of SLP(C) No. 33347 of 2012] CIVIL APPEAL NO. 11744 OF 2014 [Arising out of SLP(C) No. 33348 of 2012] CIVIL APPEAL NO. 11752 OF 2014 [Arising out of SLP(C) No. 33350 of 2012] CIVIL APPEAL NO. 11754 OF 2014 [Arising out of SLP(C) No. 33352 of 2012] CIVIL APPEAL NO. 11755 OF 2014 [Arising out of SLP(C) No. 33353 of 2012] CIVIL APPEAL NO. 11770 OF 2014 [Arising out of SLP(C) No. 33354 of 2012] CIVIL APPEAL NO. 11772 OF 2014 [Arising out of SLP(C) No. 33356 of 2012] CIVIL APPEAL NO. 11773 OF 201 4 [Arising out of SLP(C) No. 35328 of 2012] CIVIL APPEAL NO. 11790 OF 2014 [Arising out of SLP(C) No. 37149 of 2012] CIVIL APPEAL NO. 11791 OF 2014 [Arising out of SLP(C) No. 37151 of 2012] CIVIL APPEAL NO. 11794 OF 2014 [Arising out of SLP(C) No. 37152 of 2012] CIVIL APPEAL NO. 11795 OF 2014 (Arising out of SLP(C) No. 37153 of 2012] CIVIL APPEAL NO. 11798 OF 2014 [Arising out of SLP(C) No. 37154 of 2012] CIVIL APPEAL NO. 11800 OF 2014 [Arising out of SLP(C) No. 39202 of 2012] CIVIL APPEAL NO. 11802 OF 2014 [Arising out of SLP(C) No. 519 of 2013] CIVIL APPEAL NO. 11806 OF 2014 [Arising out of SLP(C) No. 523 of 2013] CIVIL APPEAL NO. 11807 OF 2014 [Arising out of SLP(C) No. 524 of 2013] CIVIL APPEAL NO. 11810 OF 2014 [Arising out of SLP(C) No. 36111 CC No. 2335 of 2013] CIVIL APPEAL NO. 11812 OF 2014 [Arising out of SLP(C) No. 5751 of 2013] CIVIL APPEAL NO. 11814 OF 2014 [Arising out of SLP(C) No. 5753 of 2013] CIVIL APPEAL NO. 11816 OF 2014 [Arising out of SLP(C) No. 5765 of 2013] CIVIL APPEAL NO. 11818 OF 2014 [Arising out of SLP(C) No. 5810 of 2013] CIVIL APPEAL NO. 11819 OF 2014 [Arising out of SLP(C) No. 5821 of 2013] CIVIL APPEAL NO. 11821 OF 2014 [Arising out of SLP(C) No. 5838 of 2013] CIVIL APPEAL NO. 11836 OF 2014 [Arising out of SLP(C) No. 36112 CC No.6861 of 2013] CIVIL APPEAL NO. 11837 OF 2014 [Arising out of SLP(C) No. 9907 of 2013] CIVIL APPEAL NO. 11838 OF 2014 [Arising out of SLP(C) No. 9909 of 2013] CIVIL APPEAL NO. 11839 OF 2014 [Arising out of SLP(C) No. 9911 of 2013] CIVIL APPEAL NO. 11840 OF 2014 [Arising out of SLP(C) No. 9912 of 2013] CIVIL APPEAL NO. 11841 OF 2014 [Arising out of SLP(C) No. 9913 of 2013] CIVIL APPEAL NO. 11842 OF 2014 [Arising out of SLP(C) No. 9914 of 2013] CIVIL APPEAL NO. 11843 OF 2014 [Arising out of SLP(C) No. 9915 of 2013] CIVIL APPEAL NO. 11844 OF 2014 [Arising out of SLP(C) No. 9916 of 2013] CIVIL APPEAL NO. 11845 OF 2014 [Arising out of SLP(C) No. 9918 of 2013] CIVIL APPEAL NO. 11846 OF 2014 [Arising out of SLP(C) No. 10927 of 2013] CIVIL APPEAL NO. 11848 OF 2014 [Arising out of SLP(C) No. 10928 of 2013] CIVIL APPEAL NO. 11850 OF 2014 [Arising out of SLP(C) No. 10929 of 2013] CIVIL APPEAL NO. 11853 OF 2014 [Arising out of SLP(C) No. 10930 of 2013] CIVIL APPEAL NO. 11854 OF 2014 [Arising out of SLP(C) No. 10931 of 2013]

5 CIVIL APPEAL NO. 11857 OF 2014 [Arising out of SLP(C) No. 10933 of 2013] CIVIL APPEAL NO. 11859 OF 2014 [Arising out of SLP(C) No. 10934 of 2013] CIVIL APPEAL NO. 11861 OF 2014 (Arising out of SLP(C) No. 10935 of 2013] CIVIL APPEAL NO. 11863 OF 2014 [Arising out of SLP(C) No. 10936 of 2013] CIVIL APPEAL NO. 11864 OF 2014 [Arising out of SLP(C) No. 10938 of 2013] CIVIL APPEAL NO. 11866 OF 2014 [Arising out of SLP(C) No. 10939 of 2013] CIVIL APPEAL NO. 11868 OF 2014 [Arising out of SLP(C) No. 10940 of 2013] CIVIL APPEAL NO. 11870 OF 2014 [Arising out of SLP(C) No. 10941 of 2013] CIVIL APPEAL NO. 11873 OF 2014 [Arising out of SLP(C) No.10942 of 2013] CIVIL APPEAL NO. 11875 OF 2014 [Arising out of SLP(C) No. 10943 of 2013] CIVIL APPEAL NO. 11876 OF 2014 [Arising out of SLP(C) No. 11068 of 2013] CIVIL APPEAL NO. 11878 OF 2014 [Arising out of SLP(C) No. 11069 of 2013] CIVIL APPEAL NO. 11879 OF 2014 [Arising out of SLP(C) No. 11072 of 2013] CIVIL APPEAL NO. 11881 OF 2014 [Arising out of SLP(C) No. 13021 of 2013] CIVIL APPEAL NO. 11883 OF 2014 [Arising out of SLP(C) No. 13023 of 2013] CIVIL APPEAL NO. 11884 OF 2014 [Arising out of SLP(C) No. 14780 of 2013] CIVIL APPEAL NO. 11885 OF 2014 [Arising out of SLP(C) No. 14782 of 2013] CIVIL APPEAL NO. 11847 OF 2014 [Arising out of SLP(C) No. 15299 of 2013] CIVIL APPEAL NO. 11849 OF 2014 [Arising out of SLP(C) No. 15300 of 2013] CIVIL APPEAL NO. 11851 OF 2014 [Arising out of SLP(C) No. 15301 of 2013] CIVIL APPEAL NO. 11852 OF 2014 [Arising out of SLP(C) No. 15302 of 2013] CIVIL APPEAL NO. 11855 OF 2014 [Arising out of SLP(C) No. 15303 of 2013] CIVIL APPEAL NO. 11856 OF 2014 [Arising out of SLP(C) No. 15305 of 2013] CIVIL APPEAL NO. 11858 OF 2014 [Arising out of SLP(C) No.15307 of 2013] CIVIL APPEAL NO. 11860 OF 2014 [Arising out of SLP(C) No. 15852 of 2013] CIVIL APPEAL NO. 11862 OF 2014 [Arising out of SLP(C) No. 17618 of 2013] CIVIL APPEAL NO. 11865 OF 2014 [Arising out of SLP(C) No. 18880 of 2013] CIVIL APPEAL NO. 11867 OF 2014 [Arising out of SLP(C) No. 19469 of 2013] CIVIL APPEAL NO. 11869 OF 2014 [Arising out of SLP(C) No. 20529 of 2013] CIVIL APPEAL NO. 11872 OF 2014 [Arising out of SLP(C) No. 20830 of 2013] CIVIL APPEAL NO. 11874 OF 2014 [Arising out of SLP(C) No. 21492 of 2013] CIVIL APPEAL NO. 11877 OF 2014 [Arising out of SLP(C) No. 21554 of 2013] CIVIL APPEAL NO. 11880 OF 2014 [Arising out of SLP(C) No.36124 CC No. 3626 of 2014] CIVIL APPEAL NO. 11882 OF 2014 [Arising out of SLP(C) No.8103 of 2014] CIVIL APPEAL NO. 11886 OF 2014 [Arising out of SLP(C) No. 11704 of 2012] J U D G M E N T Jagdish Singh Khehar, J . 1. Leave granted. 2. All the private respondents in the present bunch of cases, were given monetary benefits, which were in excess of their entitlement. These benefits flowed to them, consequent upon a mistake committed by the concerned competent authority, in determining the emoluments payable to them. The mistake could have occurred on account of a

6 variety of reasons; including the grant of a status, which the concerned employee was not entitled to; or payment of salary in a higher scale, than in consonance of the right of the concerned employee; or because of a wrongful fixation of salary of the employee, consequent upon the upward revision of pay-scales; or for having been granted allowances, for which the concerned employee was not authorized. The long and short of the matter is, that all the private respondents were beneficiaries of a mistake committed by the employer, and on account of the said unintentional mistake, employees were in receipt of monetary benefits, beyond their due. 3. Another essential factual component in this bunch of cases is, that the respondent-employees were not guilty of furnishing any incorrect information, which had led the concerned competent authority, to commit the mistake of making the higher payment to the employees. The payment of higher dues to the private respondents, in all these cases, was not on account of any misrepresentation made by them, nor was it on account of any fraud committed by them. Any participation of the private respondents, in the mistake committed by the employer, in extending the undeserved monetary benefits to the respondent-employees, is totally ruled out. It would therefore not be incorrect to record, that the private respondents, were as innocent as

7 their employers, in the wrongful determination of their inflated emoluments. 4. The issue that we have been required to adjudicate is, whether all the private respondents, against whom an order of recovery (of the excess amount) has been made, should be exempted in law, from the reimbursement of the same to the employer. For the applicability of the instant order, and the conclusions recorded by us hereinafter, the ingredients depicted in the foregoing two paragraphs are essentially indispensable. 5. Merely on account of the fact, that the release of these monetary benefits was based on a mistaken belief at the hands of the employer, and further, because the employees had no role in the determination of the employer, could it be legally feasible, for the private respondents to assert, that they should be exempted from refunding the excess amount received by them? Insofar as the above issue is concerned, it is necessary to keep in mind, that the following reference was made by a Division Bench of two Judges of this Court, for consideration by a larger Bench: " In view of an apparent difference of views expressed on the one hand in Shyam Babu Verma and Ors. vs. Union of India & Ors. (1994) 2 SCC 521 and Sahib Ram Verma vs. State of Haryana (1995) Supp. 1 SCC 18; and on the other hand in Chandi Prasad Uniyal and Ors. vs. State of Uttarakhand & Ors. (2012) 8 SCC 417, we are of the view that the remaining special leave petitions should be placed before a Bench of Three Judges . The Registry is accordingly directed to place the file of the

8 remaining special leave petitions before the Hon'ble the Chief Justice of India for taking instructions for the constitution of a Bench of three Judges, to adjudicate upon the present controversy." (emphasis is ours) The aforesaid reference was answered by a Division Bench of three Judges on 8.7.2014. While disposing of the reference, the three-Judge Division Bench, recorded the following observations in paragraph 7: “ 7. In our considered view, the observations made by the Court not to recover the excess amount paid to the appellant-therein were in exercise of its extra-ordinary powers under Article 142 of the Constitution of India which vest the power in this Court to pass equitable orders in the ends of justice. ” (emphasis is ours) Having recorded the above observations, the reference was answered as under: “ 12. Therefore, in our opinion, the decisions of the Court based on different scales of Article 136 and Article 142 of the Constitution of India cannot be best weighed on the same grounds of reasoning and thus in view of the aforesaid discussion, there is no conflict in the views expressed in the first two judgments and the latter judgment. 13. In that view of the above, we are of the considered opinion that reference was unnecessary. Therefore, without answering the reference, we send back the matters to the Division Bench for its appropriate disposal .” (emphasis is ours) 6. In view of the conclusions extracted hereinabove, it will be our endeavour, to lay down the parameters of fact situations, wherein employees, who are beneficiaries of wrongful monetary gains at the hands of the employer, may not be compelled to refund the same. In our considered view, the instant benefit cannot extend to an employee

9 merely on account of the fact, that he was not an accessory to the mistake committed by the employer; or merely because the employee did not furnish any factually incorrect information, on the basis whereof the employer committed the mistake of paying the employee more than what was rightfully due to him; or for that matter, merely because the excessive payment was made to the employee, in absence of any fraud or misrepresentation at the behest of the employee. 7. Having examined a number of judgments rendered by this Court, we are of the view, that orders passed by the employer seeking recovery of monetary benefits wrongly extended to employees, can only be interfered with, in cases where such recovery would result in a hardship of a nature, which would far outweigh, the equitable balance of the employer’s right to recover. In other words, interference would be called for, only in such cases where, it would be iniquitous to recover the payment made. In order to ascertain the parameters of the above consideration, and the test to be applied, reference needs to be made to situations when this Court exempted employees from such recovery, even in exercise of its jurisdiction under Article 142 of the Constitution of India. Repeated exercise of such power, “for doing complete justice in any cause” would establish that the recovery being effected was iniquitous, and therefore, arbitrary. And accordingly, the interference at the hands of this Court.

10 8. As between two parties, if a determination is rendered in favour of the party, which is the weaker of the two, without any serious detriment to the other (which is truly a welfare State), the issue resolved would be in consonance with the concept of justice, which is assured to the citizens of India, even in the preamble of the Constitution of India. The right to recover being pursued by the employer, will have to be compared, with the effect of the recovery on the concerned employee. If the effect of the recovery from the concerned employee would be, more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer to recover the amount, then it would be iniquitous and arbitrary, to effect the recovery. In such a situation, the employee’s right would outbalance, and therefore eclipse, the right of the employer to recover. 9. The doctrine of equality is a dynamic and evolving concept having many dimensions. The embodiment of the doctrine of equality, can be found in Articles 14 to 18, contained in Part III of the Constitution of India, dealing with “Fundamental Rights”. These Articles of the Constitution, besides assuring equality before the law and equal protection of the laws; also disallow, discrimination with the object of achieving equality, in matters of employment; abolish untouchability, to upgrade the social status of an ostracized section of the society; and extinguish titles, to scale down the status of a section of the society, with such appellations.

11 The embodiment of the doctrine of equality, can also be found in Articles 38, 39, 39A, 43 and 46 contained in Part IV of the Constitution of India, dealing with the “Directive Principles of State Policy”. These Articles of the Constitution of India contain a mandate to the State requiring it to assure a social order providing justice – social, economic and political, by inter alia minimizing monetary inequalities, and by securing the right to adequate means of livelihood, and by providing for adequate wages so as to ensure, an appropriate standard of life, and by promoting economic interests of the weaker sections. 10. In view of the afore-stated constitutional mandate, equity and good conscience, in the matter of livelihood of the people of this country, has to be the basis of all governmental actions. An action of the State, ordering a recovery from an employee, would be in order, so long as it is not rendered iniquitous to the extent, that the action of recovery would be more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer, to recover the amount. Or in other words, till such time as the recovery would have a harsh and arbitrary effect on the employee, it would be permissible in law. Orders passed in given situations repeatedly, even in exercise of the power vested in this Court under Article 142 of the Constitution of India, will disclose the parameters of the realm of an action of recovery (of an excess amount paid to an employee) which would breach the obligations

12 of the State, to citizens of this country, and render the action arbitrary, and therefore, violative of the mandate contained in Article 14 of the Constitution of India. 11. For the above determination, we shall refer to some precedents of this Court wherein the question of recovery of the excess amount paid to employees, came up for consideration, and this Court disallowed the same. These are situations, in which High Courts all over the country, repeatedly and regularly set aside orders of recovery made on the expressed parameters. (i). Reference may first of all be made to the decision in Syed Abdul Qadir v. State of Bihar, (2009) 3 SCC 475, wherein this Court recorded the following observation in paragraph 58: “ 58. The relief against recovery is granted by courts not because of any right in the employees, but in equity, exercising judicial discretion to relieve the employees from the hardship that will be caused if recovery is ordered . But, if in a given case, it is proved that the employee had knowledge that the payment received was in excess of what was due or wrongly paid, or in cases where the error is detected or corrected within a short time of wrong payment , the matter being in the realm of judicial discretion, courts may, on the facts and circumstances of any particular case, order for recovery of the amount paid in excess. See Sahib Ram v. State of Haryana, 1995 Supp. (1) SCC 18, Shyam Babu Verma v. Union of India, ( 1994) 2 SCC 521, Union of India v. M. Bhaskar, ( 1996) 4 SCC 416, V. Ganga Ram v. Director, (1997) 6 SCC 139, Col. B.J. Akkara (Retd.) v. Govt. of India, (2006) 11 SCC 709, Purshottam Lal Das v. State of Bihar, (2006) 11 SCC 492, Punjab National Bank v. Manjeet Singh, (2006) 8 SCC 647 and Bihar SEB v. Bijay Bahadur, (2000) 10 SCC 99.” (emphasis is ours)

13 First and foremost, it is pertinent to note, that this Court in its judgment in Syed Abdul Qadir’s case (supra) recognized, that the issue of recovery revolved on the action being iniquitous. Dealing with the subject of the action being iniquitous, it was sought to be concluded, that when the excess unauthorised payment is detected within a short period of time, it would be open for the employer to recover the same. Conversely, if the payment had been made for a long duration of time, it would be iniquitous to make any recovery. Interference because an action is iniquitous, must really be perceived as, interference because the action is arbitrary. All arbitrary actions are truly, actions in violation of Article 14 of the Constitution of India. The logic of the action in the instant situation, is iniquitous, or arbitrary, or violative of Article 14 of the Constitution of India, because it would be almost impossible for an employee to bear the financial burden, of a refund of payment received wrongfully for a long span of time. It is apparent, that a government employee is primarily dependent on his wages, and if a deduction is to be made from his/her wages, it should not be a deduction which would make it difficult for the employee to provide for the needs of his family. Besides food, clothing and shelter, an employee has to cater, not only to the education needs of those dependent upon him, but also their medical requirements, and a variety of sundry expenses. Based on the above consideration, we are of the view, that if the mistake of making a

14 wrongful payment is detected within five years, it would be open to the employer to recover the same. However, if the payment is made for a period in excess of five years, even though it would be open to the employer to correct the mistake, it would be extremely iniquitous and arbitrary to seek a refund of the payments mistakenly made to the employee. In this context, reference may also be made to the decision rendered by this Court in Shyam Babu Verma v. Union of India (1994) 2 SCC 521, wherein this Court observed as under: “ 11. Although we have held that the petitioners were entitled only to the pay scale of Rs 330-480 in terms of the recommendations of the Third Pay Commission w.e.f. January 1, 1973 and only after the period of 10 years, they became entitled to the pay scale of Rs 330-560 but as they have received the scale of Rs 330-560 since 1973 due to no fault of theirs and that scale is being reduced in the year 1984 with effect from January 1, 1973, it shall only be just and proper not to recover any excess amount which has already been paid to them. Accordingly, we direct that no steps should be taken to recover or to adjust any excess amount paid to the petitioners due to the fault of the respondents, the petitioners being in no way responsible for the same. ” (emphasis is ours) It is apparent, that in Shyam Babu Verma’s case (supra), the higher pay-scale commenced to be paid erroneously in 1973. The same was sought to be recovered in 1984, i.e., after a period of 11 years. In the aforesaid circumstances, this Court felt that the recovery after several years of the implementation of the pay-scale would not be just and proper. We therefore hereby hold, recovery of excess payments discovered after five years would be iniquitous and arbitrary, and as such, violative of Article 14 of the Constitution of India.

15 (ii). Examining a similar proposition, this Court in Col. B.J. Akkara v. Government of India, (2006) 11 SCC 709, observed as under: “ 28. Such relief, restraining back recovery of excess payment, is granted by courts not because of any right in the employees, but in equity, in exercise of judicial discretion to relieve the employees from the hardship that will be caused if recovery is implemented. A government servant, particularly one in the lower rungs of service would spend whatever emoluments he receives for the upkeep of his family. If he receives an excess payment for a long period, he would spend it, genuinely believing that he is entitled to it. As any subsequent action to recover the excess payment will cause undue hardship to him, relief is granted in that behalf. But where the employee had knowledge that the payment received was in excess of what was due or wrongly paid, or where the error is detected or corrected within a short time of wrong payment, courts will not grant relief against recovery. The matter being in the realm of judicial discretion, courts may on the facts and circumstances of any particular case refuse to grant such relief against recovery.” (emphasis is ours) A perusal of the aforesaid observations made by this Court in Col. B.J. Akkara’s case (supra) reveals a reiteration of the legal position recorded in the earlier judgments rendered by this Court, inasmuch as, it was again affirmed, that the right to recover would be sustainable so long as the same was not iniquitous or arbitrary. In the observation extracted above, this Court also recorded, that recovery from employees in lower rung of service, would result in extreme hardship to them. The apparent explanation for the aforesaid conclusion is, that employees in lower rung of service would spend their entire earnings in the upkeep and welfare of their family, and if such excess payment is allowed to be recovered from them, it would cause them far more hardship, than the reciprocal gains to the employer. We are therefore satisfied in concluding, that such

16 recovery from employees belonging to the lower rungs (i.e., Class-III and Class-IV - sometimes denoted as Group ‘C’ and Group ‘D’) of service, should not be subjected to the ordeal of any recovery, even though they were beneficiaries of receiving higher emoluments, than were due to them. Such recovery would be iniquitous and arbitrary and therefore would also breach the mandate contained in Article 14 of the Constitution of India. (iii). This Court in Syed Abdul Qadir v. State of Bihar (supra) held as follows: “ 59. Undoubtedly, the excess amount that has been paid to the appellant teachers was not because of any misrepresentation or fraud on their part and the appellants also had no knowledge that the amount that was being paid to them was more than what they were entitled to. It would not be out of place to mention here that the Finance Department had, in its counter-affidavit, admitted that it was a bona fide mistake on their part. The excess payment made was the result of wrong interpretation of the Rule that was applicable to them, for which the appellants cannot be held responsible. Rather, the whole confusion was because of inaction, negligence and carelessness of the officials concerned of the Government of Bihar. Learned counsel appearing on behalf of the appellant teachers submitted that majority of the beneficiaries have either retired or are on the verge of it. Keeping in view the peculiar facts and circumstances of the case at hand and to avoid any hardship to the appellant teachers, we are of the view that no recovery of the amount that has been paid in excess to the appellant teachers should be made.” (emphasis is ours) Premised on the legal proposition considered above, namely, whether on the touchstone of equity and arbitrariness, the extract of the judgment reproduced above, culls out yet another consideration, which would make the process of recovery iniquitous and arbitrary. It is apparent from

17 the conclusions drawn in Syed Abdul Qadir’s case (supra), that recovery of excess payments, made from employees who have retired from service, or are close to their retirement, would entail extremely harsh consequences outweighing the monetary gains by the employer. It cannot be forgotten, that a retired employee or an employee about to retire, is a class apart from those who have sufficient service to their credit, before their retirement. Needless to mention, that at retirement, an employee is past his youth, his needs are far in excess of what they were when he was younger. Despite that, his earnings have substantially dwindled (or would substantially be reduced on his retirement). Keeping the aforesaid circumstances in mind, we are satisfied that recovery would be iniquitous and arbitrary, if it is sought to be made after the date of retirement, or soon before retirement. A period within one year from the date of superannuation, in our considered view, should be accepted as the period during which the recovery should be treated as iniquitous. Therefore, it would be justified to treat an order of recovery, on account of wrongful payment made to an employee, as arbitrary, if the recovery is sought to be made after the employee’s retirement, or within one year of the date of his retirement on superannuation.

18 (iv). Last of all, reference may be made to the decision in Sahib Ram Verma v. Union of India, (1995) Supp. 1 SCC 18, wherein it was concluded as under: “ 4. Mr. Prem Malhotra, learned counsel for the appellant, contended that the previous scale of Rs 220-550 to which the appellant was entitled became Rs 700-1600 since the appellant had been granted that scale of pay in relaxation of the educational qualification. The High Court was, therefore, not right in dismissing the writ petition. We do not find any force in this contention. It is seen that the Government in consultation with the University Grants Commission had revised the pay scale of a Librarian working in the colleges to Rs 700-1600 but they insisted upon the minimum educational qualification of first or second class M.A., M.Sc., M.Com. plus a first or second class B.Lib. Science or a Diploma in Library Science. The relaxation given was only as regards obtaining first or second class in the prescribed educational qualification but not relaxation in the educational qualification itself. 5. Admittedly the appellant does not possess the required educational qualifications. Under the circumstances the appellant would not be entitled to the relaxation. The Principal erred in granting him the relaxation. Since the date of relaxation the appellant had been paid his salary on the revised scale. However, it is not on account of any misrepresentation made by the appellant that the benefit of the higher pay scale was given to him but by wrong construction made by the Principal for which the appellant cannot be held to be at fault . Under the circumstances the amount paid till date may not be recovered from the appellant. The principle of equal pay for equal work would not apply to the scales prescribed by the University Grants Commission. The appeal is allowed partly without any order as to costs.” (emphasis is ours) It would be pertinent to mention, that Librarians were equated with Lecturers, for the grant of the pay scale of Rs.700-1600. The above pay parity would extend to Librarians, subject to the condition that they possessed the prescribed minimum educational qualification (first or second class M.A., M.Sc., M.Com. plus a first or second class B.Lib.

19 Science or a Diploma in Library Science, the degree of M.Lib. Science being a preferential qualification). For those Librarians appointed prior to 3.12.1972, the educational qualifications were relaxed. In Sahib Ram Verma’s case (supra), a mistake was committed by wrongly extending to the appellants the revised pay scale, by relaxing the prescribed educational qualifications, even though the concerned appellants were ineligible for the same. The concerned appellants were held not eligible for the higher scale, by applying the principle of “equal pay for equal work”. This Court, in the above circumstances, did not allow the recovery of the excess payment. This was apparently done because this Court felt that the employees were entitled to wages, for the post against which they had discharged their duties. In the above view of the matter, we are of the opinion, that it would be iniquitous and arbitrary for an employer to require an employee to refund the wages of a higher post, against which he had wrongfully been permitted to work, though he should have rightfully been required to work against an inferior post. 12. It is not possible to postulate all situations of hardship, which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to herein above, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law:

20 (i) Recovery from employees belonging to Class-III and Class-IV service (or Group ‘C’ and Group ‘D’ service). (ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery. (iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued. (iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post. (v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer’s right to recover. 13. We are informed by the learned counsel representing the appellant-State of Punjab, that all the cases in this bunch of appeals, would undisputedly fall within the first four categories delineated hereinabove. In the appeals referred to above, therefore, the impugned orders passed by the High Court of Punjab and Haryana (quashing the order of recovery), shall be deemed to have been upheld, for the reasons recorded above.

21 14. The appeals are disposed of in the above terms. … ..…………………………….J. (Jagdish Singh Khehar) …..…………………………….J. (Arun Mishra) New Delhi; December 18, 2014.

22 ITEM NO.1C COURT NO.5 SECTION IVB (For Judgment) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS C.A.No.11527/2014 @ Petition(s) for Special Leave to Appeal (C) No(s).11684/2012 STATE OF PUNJAB & ORS. Appellant(s) VERSUS RAFIQ MASIH (WHITE WASHER) ETC. Respondent(s) WITH CIVIL APPEAL NO. 11528 OF 2014 [Arising out of SLP(C) No 35892 CC No. 14663 of 2010] CIVIL APPEAL NO. 11530 OF 2014 [Arising out of SLP(C) No.35914 .CC No. 20144 of 2010] CIVIL APPEAL NO. 11531 OF 2014 [Arising out of SLP(C) No. 35916 CC No. 9303 of 2011] CIVIL APPEAL NO. 11532 OF 2014 [Arising out of SLP(C) No. 35917 CC No. 15876 of 2011] CIVIL APPEAL NO. 11533 OF 2014 [Arising out of SLP(C) No. 35919 CC No. 16190 of 2011] CIVIL APPEAL NO. 11534 OF 2014 [Arising out of SLP(C) No. 35920 CC No. 16303 of 2011] CIVIL APPEAL NO. 11535 OF 2014 [Arising out of SLP(C) No. 35921 CC No. 16309 of 2011] CIVIL APPEAL NO. 11536 OF 2014 [Arising out of SLP(C) No. 35923 CC No. 16325 of 2011] CIVIL APPEAL NO. 11537 OF 2014 [Arising out of SLP(C) No.35924 CC No. 16326 of 2011] CIVIL APPEAL NO.11538 OF 2014 [Arising out of SLP(C) No.35927 CC No. 16327 of 2011] CIVIL APPEAL NO. 11539 OF 2014 [Arising out of SLP(C) No.35928 CC No. 16350 of 2011] CIVIL APPEAL NO. 11540 OF 2014 [Arising out of SLP(C) No. 35930 CC No. 16548 of 2011] CIVIL APPEAL NO. 11541 OF 2014 [Arising out of SLP(C) No.35931 CC No. 16580 of 2011] CIVIL APPEAL NO. 11542 OF 2014 [Arising out of SLP(C) No.35932 CC No. 16582 of 2011] CIVIL APPEAL NO. 11543 OF 2014 [Arising out of SLP(C) No.35936 CC No. 16594 of 2011] CIVIL APPEAL NO. 11544 OF 2014 [Arising out of SLP(C) No. 35940 CC No. 16723 of 2011] CIVIL APPEAL NO. 11545 OF 2014 [Arising out of SLP(C) No. 35941 CC No. 16850 of 2011] CIVIL APPEAL NO. 11546 OF 2014 [Arising out of SLP(C) No. 35943 CC No. 16904 of 2011] CIVIL APPEAL NO. 11547 OF 2014 [Arising out of SLP(C) No. 35944 CC No. 17192 of 2011] CIVIL APPEAL NO. 11548 OF 2014 [Arising out of SLP(C) No. 35945 CC No. 17193 of 2011] CIVIL APPEAL NO. 11549 OF 2014 [Arising out of SLP(C) No.35948 CC No. 17201 of 2011] CIVIL APPEAL NO. 11550 OF 2014 [Arising out of SLP(C) No. 35949 CC No. 17204 of 2011] CIVIL APPEAL NO. 11551 OF 2014 [Arising out of SLP(C) No. 35951 CC No. 17388 of 2011] CIVIL APPEAL NO. 11552 OF 2014 [Arising out of SLP(C) No. 35952 CC No. 17507 of 2011] CIVIL APPEAL NO. 11553 OF 2014 [Arising out of SLP(C) No. 35954 CC No. 17508 of 2011] CIVIL APPEAL NO. 11554 OF 2014 [Arising out of SLP(C) No. 35955 CC No. 17534 of 2011] CIVIL APPEAL NO. 11555 OF 2014 [Arising out of SLP(C) No. 35956 CC No.17709 of 2011] CIVIL APPEAL NO. 11556 OF 2014 [Arising out of SLP(C) No. 35957 CC No.17711 of 2011] CIVIL APPEAL NO. 11557 OF 2014 [Arising out of SLP(C) No. 35958 CC No.17735 of 2011] CIVIL APPEAL NO. 11558 OF 2014 [Arising out of SLP(C) No. 35959 CC No. 17798 of 2011] CIVIL APPEAL NO. 11559 OF 2014 [Arising out of SLP(C) No. 35960 CC No.17835 of 2011] CIVIL APPEAL NO. 11560 OF 2014 [Arising out of SLP(C) No. 35961 CC No. 17846 of 2011] CIVIL APPEAL NO. 11561 OF 2014 [Arising out of SLP(C) No. 35962 CC No. 17888 of 2011] CIVIL APPEAL NO. 11562 OF 2014 [Arising out of SLP(C) No. 35963 CC No. 18227 of 2011] CIVIL APPEAL NO. 11563 OF 2014 [Arising out of SLP(C) No.35964 CC No. 18261 of 2011] CIVIL APPEAL NO. 11564 OF 2014 [Arising out of SLP(C) No.35965 CC No. 18286 of 2011] CIVIL APPEAL NO. 11565 OF 2014 [Arising out of SLP(C) No. 35967 CC No.18310 of 2011] CIVIL APPEAL NO.11566 OF 2014 [Arising out of SLP(C) No.35968 CC No.18312 of 2011] CIVIL APPEAL NO. 11567 OF 2014 [Arising out of SLP(C) No. 35969 CC No. 18337 of 2011]

23 CIVIL APPEAL NO. 11568 OF 2014 [Arising out of SLP(C) No. 35971 CC No. 18423 of 2011] CIVIL APPEAL NO. 11569 OF 2014 [Arising out of SLP(C) No. 35972 CC No. 18524 of 2011] CIVIL APPEAL NO. 11570 OF 2014 [Arising out of SLP(C) No. 35973 CC No. 18525 of 2011] CIVIL APPEAL NO. 11571 OF 2014 [Arising out of SLP(C) No. 35975 CC No. 18526 of 2011] CIVIL APPEAL NO. 11572 OF 2014 [Arising out of SLP(C) No.35976 CC No.18527 of 2011] CIVIL APPEAL NO. 11573 OF 2014 [Arising out of SLP(C) No. 35977 CC No.18535 of 2011] CIVIL APPEAL NO. 11575 OF 2014 [Arising out of SLP(C) No. 35980 CC No.18536 of 2011] CIVIL APPEAL NO. 11574 OF 2014 [Arising out of SLP(C) No. 35979 CC No.18628 of 2011] CIVIL APPEAL NO. 11576 OF 2014 [Arising out of SLP(C) No. 35981 CC No.18630 of 2011] CIVIL APPEAL NO. 11577 OF 2014 [Arising out of SLP(C) No. 35982 CC No.18767 of 2011] CIVIL APPEAL NO. 11578 OF 2014 [Arising out of SLP(C) No. 35983 CC No. 18769 of 2011] CIVIL APPEAL NO. 11579 OF 2014 [Arising out of SLP(C) No. 35984 CC No.18784 of 2011] CIVIL APPEAL NO. 11580 OF 2014 [Arising out of SLP(C) No. 35985 CC No.18796 of 2011] CIVIL APPEAL NO. 11581 OF 2014 [Arising out of SLP(C) No.35986 CC No.18802 of 2011] CIVIL APPEAL NO. 11582 OF 2014 [Arising out of SLP(C) No. 35987 CC No.18805 of 2011] CIVIL APPEAL NO. 11583 OF 2014 [Arising out of SLP(C) No. 35989 CC No. 18834 of 2011] CIVIL APPEAL NO. 11584 OF 2014 [rising out of SLP(C) No. 35990 CC No. 18857 of 2011] CIVIL APPEAL NO. 11585 OF 2014 [Arising out of SLP(C) No.35991 CC No.18960 of 2011] CIVIL APPEAL NO. 11586 OF 2014 [Arising out of SLP(C) No. 35993 CC No. 19116 of 2011] CIVIL APPEAL NO. 11587 OF 2014 [Arising out of SLP(C) No. 35994 CC No. 19236 of 2011] CIVIL APPEAL NO. 11588 OF 2014 [Arising out of SLP(C) No. 35995 CC No. 19527 of 2011] CIVIL APPEAL NO. 11589 OF 2014 [Arising out of SLP(C) No. 35996 CC No. 19552 of 2011] CIVIL APPEAL NO. 11590 OF 2014 [Arising out of SLP(C) No. 35997 CC No. 19556 of 2011] CIVIL APPEAL NO. 11591 OF 2014 [Arising out of SLP(C) No. 35999 CC No.19580 of 2011] CIVIL APPEAL NO. 11593 OF 2014 [Arising out of SLP(C) No. 36000 CC No. 19590 of 2011] CIVIL APPEAL NO. 11594 OF 2014 [Arising out of SLP(C) No. 36001 CC No.19594 of 2011] CIVIL APPEAL NO. 11595 OF 2014 [Arising out of SLP(C) No. 36002 CC No. 19597 of 2011] CIVIL APPEAL NO. 11596 OF 2014 [Arising out of SLP(C) No. 36003 CC No.19599 of 2011] CIVIL APPEAL NO. 11597 OF 2014 [Arising out of SLP(C) No.36004 CC No.19601 of 2011] CIVIL APPEAL NO. 11598 OF 2014 [Arising out of SLP(C) No. 36005 CC No.19663 of 2011] CIVIL APPEAL NO. 11599 OF 2014 [Arising out of SLP(C) No. 36007 CC No. 19727 of 2011] CIVIL APPEAL NO. 11600 OF 2014 [Arising out of SLP(C) No. 36008 CC No. 19837 of 2011] CIVIL APPEAL NO. 11601 OF 2014 [Arising out of SLP(C) No. 36010 CC No.19864 of 2011] CIVIL APPEAL NO. 11602 OF 2014 [Arising out of SLP(C) No. 36011 CC No. 20022 of 2011] CIVIL APPEAL NO. 11603 OF 2014 [Arising out of SLP(C) No. 36012 CC No. 20024 of 2011] CIVIL APPEAL NO. 11605 OF 2014 [Arising out of SLP(C) No. 36014 CC No. 20048 of 2011] CIVIL APPEAL NO. 11606 OF 2014 [Arising out of SLP(C) No. 36015 CC No.20291 of 2011] CIVIL APPEAL NO. 11607 OF 2014 [Arising out of SLP(C) No. 36016 CC No.20454 of 2011] CIVIL APPEAL NO. 11608 OF 2014 [Arising out of SLP(C) No. 36018 CC No.20794 of 2011] CIVIL APPEAL NO. 11609 OF 2014 [Arising out of SLP(C) No.36019 CC No.20891 of 2011] CIVIL APPEAL NO. 11610 OF 2014 [Arising out of SLP(C) No. 36022 CC No.21915 of 2011] CIVIL APPEAL NO. 11611 OF 2014 [Arising out of SLP(C) No. 36024 CC No. 22255 of 2011] CIVIL APPEAL NO. 11612 OF 2014 [Arising out of SLP(C) No. 36026 CC No.22256 of 2011] CIVIL APPEAL NO. 11613 OF 2014 [Arising out of SLP(C) No. 36027 CC No.22257 of 2011] CIVIL APPEAL NO. 11614 OF 2014 [Arising out of SLP(C) No. 30473 of 2011] CIVIL APPEAL NO. 11615 OF 2014 [Arising out of SLP(C) No. 33651 of 2011] CIVIL APPEAL NO. 11616 OF 2014 [Arising out of SLP(C) No. 35876 of 2011] CIVIL APPEAL NO. 11617 OF 2014 [Arising out of SLP(C) No. 36029 CC No. 133 of 2012] CIVIL APPEAL NO. 11618 OF 2014 [Arising out of SLP(C) No. 36030 CC No. 178 of 2012] CIVIL APPEAL NO. 11619 OF 2014 [Arising out of SLP(C) No. 36031 CC No. 434 of 2012] CIVIL APPEAL NO. 11620 OF 2014 [Arising out of SLP(C) No. 36032 CC No. 887 of 2012] CIVIL APPEAL NO. 11621 OF 2014 [Arising out of SLP(C) No. 36033 CC No. 1147 of 2012] CIVIL APPEAL NO. 11622 OF 2014 [Arising out of SLP(C) No.36034 CC No. 1166 of 2012] CIVIL APPEAL NO. 11623 OF 2014 [Arising out of SLP(C) No. 36036 CC No. 1168 of 2012] CIVIL APPEAL NO. 11624 OF 2014 [Arising out of SLP(C) No. 36037 CC No. 1188 of 2012] CIVIL APPEAL NO. 11625 OF 2014 [Arising out of SLP(C) No. 36038 CC No. 1200 of 2012] CIVIL APPEAL NO. 11626 OF 2014 [Arising out of SLP(C) No. 36039 CC No. 1291 of 2012]

24 CIVIL APPEAL NO. 11627 OF 2014 [Arising out of SLP(C) No. 36040 CC No. 1303 of 2012] CIVIL APPEAL NO. 11628 OF 2014 [Arising out of SLP(C) No. 36042 CC No. 1306 of 2012] CIVIL APPEAL NO. 11629 OF 2014 [Arising out of SLP(C) No.36043 CC No. 1391 of 2012] CIVIL APPEAL NO. 11630 OF 2014 [Arising out of SLP(C) No. 36044 C No. 1596 of 2012] CIVIL APPEAL NO. 11631 OF 2014 [Arising out of SLP(C) No. 36045 CC No. 1637 of 2012] CIVIL APPEAL NO. 11632 OF 2014 [Arising out of SLP(C) No.36046 CC No. 1644 of 2012] CIVIL APPEAL NO. 11633 OF 2014 [Arising out of SLP(C) No. 36047 CC No. 1653 of 2012] CIVIL APPEAL NO. 11636 OF 2014 [Arising out of SLP(C) No. 36048 CC No. 1657 of 2012] CIVIL APPEAL NO. 11637 OF 2014 [Arising out of SLP(C) No. 36049 CC No. 1739 of 2012] CIVIL APPEAL NO. 11638 OF 2014 [Arising out of SLP(C) No. 36051 CC No. 1864 of 2012] CIVIL APPEAL NO. 11639 OF 2014 [Arising out of SLP(C) No. 36052 CC No. 1869 of 2012] CIVIL APPEAL NO. 11640 OF 2014 [Arising out of SLP(C) No. 36053 CC No. 1928 of 2012] CIVIL APPEAL NO. 11641 OF 2014 [Arising out of SLP(C) No. 36054 CC No. 1935 of 2012] CIVIL APPEAL NO. 11642 OF 2014 [Arising out of SLP(C) No. 36055 CC No. 2209 of 2012] CIVIL APPEAL NO. 11643 OF 2014 [Arising out of SLP(C) No. 36056 CC No. 2798 of 2012] CIVIL APPEAL NO. 11644 OF 2014 [Arising out of SLP(C) No. 36058 CC No. 2818 of 2012] CIVIL APPEAL NO. 11645 OF 2014 [Arising out of SLP(C) No. 36059 CC No. 2821 of 2012] CIVIL APPEAL NO. 11646 OF 2014 [Arising out of SLP(C) No.36062 CC No. 2832 of 2012] CIVIL APPEAL NO. 11647 OF 2014 [Arising out of SLP(C) No. 4822 of 2012] CIVIL APPEAL NO. 11648 OF 2014 [Arising out of SLP(C) No. 36063 CC No. 6093 of 2012] CIVIL APPEAL NO. 11649 OF 2014 [Arising out of SLP(C) No. 36065 CC No. 6483 of 2012] CIVIL APPEAL NO. 11650 OF 2014 [Arising out of SLP(C) No. 36067 CC No. 6604 of 2012] CIVIL APPEAL NOS.11651-52 OF 2014 [Arising out of SLP(C) Nos36068-69 CC Nos.6632-6633 of 2012] CIVIL APPEAL NO. 11653 OF 2014 [Arising out of SLP(C) No.36070 CC No. 6659 of 2012] CIVIL APPEAL NO. 11654 OF 2014 [Arising out of SLP(C) No. 6692 of 2012] CIVIL APPEAL NO. 11655 OF 2014 [Arising out of SLP(C) No. 36071 CC No. 6800 of 2012] CIVIL APPEAL NO. 11656 OF 2014 [Arising out of SLP(C) No. 36072 CC No. 6829 of 2012] CIVIL APPEAL NO. 11657 OF 2014 [Arising out of SLP(C) No. 36073 CC No. 10109 of 2012] CIVIL APPEAL NO. 11658 OF 2014 [Arising out of SLP(C) No. 11690 of 2012] CIVIL APPEAL NO. 11659 OF 2014 [Arising out of SLP(C) No. 11693 of 2012] CIVIL APPEAL NO. 11660 OF 2014 [Arising out of SLP(C) No.11694 of 2012] CIVIL APPEAL NO. 11661 OF 2014 [Arising out of SLP(C) No. 11697 of 2012] CIVIL APPEAL NO. 11662 OF 2014 [Arising out of SLP(C) No. 11699 of 2012] CIVIL APPEAL NO. 11663 OF 2014 [Arising out of SLP(C) No. 11702 of 2012] CIVIL APPEAL NO. 11664 OF 2014 [Arising out of SLP(C) No. 11703 of 2012] CIVIL APPEAL NO. 11665 OF 2014 [Arising out of SLP(C) No. 11705 of 2012] CIVIL APPEAL NO. 11666 OF 2014 [Arising out of SLP(C) No. 11706 of 2012] CIVIL APPEAL NO. 11667 OF 2014 [Arising out of SLP(C) No. 11707 of 2012] CIVIL APPEAL NO. 11668 OF 2014 [Arising out of SLP(C) No. 11709 of 2012] CIVIL APPEAL NO. 11669 OF 2014 [Arising out of SLP(C) No. 11710 of 2012] CIVIL APPEAL NO. 11670 OF 2014 [Arising out of SLP(C) No. 11712 of 2012] CIVIL APPEAL NO. 11671 OF 2014 [Arising out of SLP(C) No.36086 CC No. 12769 of 2012] CIVIL APPEAL NO. 11672 OF 2014 [Arising out of SLP(C) No. 36089 CC No. 13044 of 2012] CIVIL APPEAL NO. 11673 OF 2014 [Arising out of SLP(C) No. 36091 CC No. 13114 of 2012] CIVIL APPEAL NO. 11674 OF 2014 [Arising out of SLP(C) No. 36092 CC No. 13300 of 2012] CIVIL APPEAL NO. 11675 OF 2014 [Arising out of SLP(C) No. 26306 of 2012] CIVIL APPEAL NO. 11676 OF 2014 [Arising out of SLP(C) No. 26307 of 2012] CIVIL APPEAL NO. 11677 OF 2014 [Arising out of SLP(C) No. 26308 of 2012] CIVIL APPEAL NO. 11678 OF 2014 [Arising out of SLP(C) No. 26386 of 2012] CIVIL APPEAL NO. 11679 OF 2014 [Arising out of SLP(C) No. 26388 of 2012] CIVIL APPEAL NO. 11680 OF 2014 [Arising out of SLP(C) No. 26389 of 2012] CIVIL APPEAL NO. 11681 OF 2014 [Arising out of SLP(C) No. 26391 of 2012] CIVIL APPEAL NO. 11682 OF 2014 [Arising out of SLP(C) No. 28655 of 2012] CIVIL APPEAL NO. 11683 OF 2014 [Arising out of SLP(C) No. 28812 of 2012] CIVIL APPEAL NO. 11684 OF 2014 [Arising out of SLP(C) No. 28813 of 2012] CIVIL APPEAL NO. 11685 OF 2014 [Arising out of SLP(C) No. 28814 of 2012]

25 CIVIL APPEAL NO. 11686 OF 2014 [Arising out of SLP(C) No. 28815 of 2012] CIVIL APPEAL NO. 11687 OF 2014 [Arising out of SLP(C) No. 28816 of 2012] CIVIL APPEAL NO. 11688 OF 2014 [Arising out of SLP(C) No. 28817 of 2012] CIVIL APPEAL NO. 11689 OF 2014 [Arising out of SLP(C) No. 28818 of 2012] CIVIL APPEAL NO. 11713 OF 2014 (Arising out of SLP(C) No. 28819 of 2012] CIVIL APPEAL NO. 11717 OF 2014 [Arising out of SLP(C) No. 28823 of 2012] CIVIL APPEAL NO. 11720 OF 2014 [Arising out of SLP(C) No. 28824 of 2012] CIVIL APPEAL NO. 11721 OF 2014 [Arising out of SLP(C) No. 28825 of 2012] CIVIL APPEAL NO. 11723 OF 2014 [Arising out of SLP(C) No. 28827 of 2012] CIVIL APPEAL NO. 11724 OF 2014 [Arising out of SLP(C) No. 28828 of 2012] CIVIL APPEAL NO. 11727 OF 2014 [Arising out of SLP(C) No. 28829 of 2012] CIVIL APPEAL NO. 11729 OF 2014 [Arising out of SLP(C) No. 30246 of 2012] CIVIL APPEAL NO. 11731 OF 2014 [Arising out of SLP(C) No. 30751 of 2012] CIVIL APPEAL NO. 11735 OF 2014 [Arising out of SLP(C) No. 33343 of 2012] CIVIL APPEAL NO. 11741 OF 2014 [Arising out of SLP(C) No. 33345 of 2012] CIVIL APPEAL NO. 11743 OF 2014 [Arising out of SLP(C) No. 33347 of 2012] CIVIL APPEAL NO. 11744 OF 2014 [Arising out of SLP(C) No. 33348 of 2012] CIVIL APPEAL NO. 11752 OF 2014 [Arising out of SLP(C) No. 33350 of 2012] CIVIL APPEAL NO. 11754 OF 2014 [Arising out of SLP(C) No. 33352 of 2012] CIVIL APPEAL NO. 11755 OF 2014 [Arising out of SLP(C) No. 33353 of 2012] CIVIL APPEAL NO. 11770 OF 2014 [Arising out of SLP(C) No. 33354 of 2012] CIVIL APPEAL NO. 11772 OF 2014 [Arising out of SLP(C) No. 33356 of 2012] CIVIL APPEAL NO. 11773 OF 201 4 [Arising out of SLP(C) No. 35328 of 2012] CIVIL APPEAL NO. 11790 OF 2014 [Arising out of SLP(C) No. 37149 of 2012] CIVIL APPEAL NO. 11791 OF 2014 [Arising out of SLP(C) No. 37151 of 2012] CIVIL APPEAL NO. 11794 OF 2014 [Arising out of SLP(C) No. 37152 of 2012] CIVIL APPEAL NO. 11795 OF 2014 (Arising out of SLP(C) No. 37153 of 2012] CIVIL APPEAL NO. 11798 OF 2014 [Arising out of SLP(C) No. 37154 of 2012] CIVIL APPEAL NO. 11800 OF 2014 [Arising out of SLP(C) No. 39202 of 2012] CIVIL APPEAL NO. 11802 OF 2014 [Arising out of SLP(C) No. 519 of 2013] CIVIL APPEAL NO. 11806 OF 2014 [Arising out of SLP(C) No. 523 of 2013] CIVIL APPEAL NO. 11807 OF 2014 [Arising out of SLP(C) No. 524 of 2013] CIVIL APPEAL NO. 11810 OF 2014 [Arising out of SLP(C) No. 36111 CC No. 2335 of 2013] CIVIL APPEAL NO. 11812 OF 2014 [Arising out of SLP(C) No. 5751 of 2013] CIVIL APPEAL NO. 11814 OF 2014 [Arising out of SLP(C) No. 5753 of 2013] CIVIL APPEAL NO. 11816 OF 2014 [Arising out of SLP(C) No. 5765 of 2013] CIVIL APPEAL NO. 11818 OF 2014 [Arising out of SLP(C) No. 5810 of 2013] CIVIL APPEAL NO. 11819 OF 2014 [Arising out of SLP(C) No. 5821 of 2013] CIVIL APPEAL NO. 11821 OF 2014 [Arising out of SLP(C) No. 5838 of 2013] CIVIL APPEAL NO. 11836 OF 2014 [Arising out of SLP(C) No. 36112 CC No.6861 of 2013] CIVIL APPEAL NO. 11837 OF 2014 [Arising out of SLP(C) No. 9907 of 2013] CIVIL APPEAL NO. 11838 OF 2014 [Arising out of SLP(C) No. 9909 of 2013] CIVIL APPEAL NO. 11839 OF 2014 [Arising out of SLP(C) No. 9911 of 2013] CIVIL APPEAL NO. 11840 OF 2014 [Arising out of SLP(C) No. 9912 of 2013] CIVIL APPEAL NO. 11841 OF 2014 [Arising out of SLP(C) No. 9913 of 2013] CIVIL APPEAL NO. 11842 OF 2014 [Arising out of SLP(C) No. 9914 of 2013] CIVIL APPEAL NO. 11843 OF 2014 [Arising out of SLP(C) No. 9915 of 2013] CIVIL APPEAL NO. 11844 OF 2014 [Arising out of SLP(C) No. 9916 of 2013] CIVIL APPEAL NO. 11845 OF 2014 [Arising out of SLP(C) No. 9918 of 2013] CIVIL APPEAL NO. 11846 OF 2014 [Arising out of SLP(C) No. 10927 of 2013] CIVIL APPEAL NO. 11848 OF 2014 [Arising out of SLP(C) No. 10928 of 2013] CIVIL APPEAL NO. 11850 OF 2014 [Arising out of SLP(C) No. 10929 of 2013] CIVIL APPEAL NO. 11853 OF 2014 [Arising out of SLP(C) No. 10930 of 2013] CIVIL APPEAL NO. 11854 OF 2014 [Arising out of SLP(C) No. 10931 of 2013] CIVIL APPEAL NO. 11857 OF 2014 [Arising out of SLP(C) No. 10933 of 2013] CIVIL APPEAL NO. 11859 OF 2014 [Arising out of SLP(C) No. 10934 of 2013] CIVIL APPEAL NO. 11861 OF 2014 (Arising out of SLP(C) No. 10935 of 2013]

26 CIVIL APPEAL NO. 11863 OF 2014 [Arising out of SLP(C) No. 10936 of 2013] CIVIL APPEAL NO. 11864 OF 2014 [Arising out of SLP(C) No. 10938 of 2013] CIVIL APPEAL NO. 11866 OF 2014 [Arising out of SLP(C) No. 10939 of 2013] CIVIL APPEAL NO. 11868 OF 2014 [Arising out of SLP(C) No. 10940 of 2013] CIVIL APPEAL NO. 11870 OF 2014 [Arising out of SLP(C) No. 10941 of 2013] CIVIL APPEAL NO. 11873 OF 2014 [Arising out of SLP(C) No.10942 of 2013] CIVIL APPEAL NO. 11875 OF 2014 [Arising out of SLP(C) No. 10943 of 2013] CIVIL APPEAL NO. 11876 OF 2014 [Arising out of SLP(C) No. 11068 of 2013] CIVIL APPEAL NO. 11878 OF 2014 [Arising out of SLP(C) No. 11069 of 2013] CIVIL APPEAL NO. 11879 OF 2014 [Arising out of SLP(C) No. 11072 of 2013] CIVIL APPEAL NO. 11881 OF 2014 [Arising out of SLP(C) No. 13021 of 2013] CIVIL APPEAL NO. 11883 OF 2014 [Arising out of SLP(C) No. 13023 of 2013] CIVIL APPEAL NO. 11884 OF 2014 [Arising out of SLP(C) No. 14780 of 2013] CIVIL APPEAL NO. 11885 OF 2014 [Arising out of SLP(C) No. 14782 of 2013] CIVIL APPEAL NO. 11847 OF 2014 [Arising out of SLP(C) No. 15299 of 2013] CIVIL APPEAL NO. 11849 OF 2014 [Arising out of SLP(C) No. 15300 of 2013] CIVIL APPEAL NO. 11851 OF 2014 [Arising out of SLP(C) No. 15301 of 2013] CIVIL APPEAL NO. 11852 OF 2014 [Arising out of SLP(C) No. 15302 of 2013] CIVIL APPEAL NO. 11855 OF 2014 [Arising out of SLP(C) No. 15303 of 2013] CIVIL APPEAL NO. 11856 OF 2014 [Arising out of SLP(C) No. 15305 of 2013] CIVIL APPEAL NO. 11858 OF 2014 [Arising out of SLP(C) No.15307 of 2013] CIVIL APPEAL NO. 11860 OF 2014 [Arising out of SLP(C) No. 15852 of 2013] CIVIL APPEAL NO. 11862 OF 2014 [Arising out of SLP(C) No. 17618 of 2013] CIVIL APPEAL NO. 11865 OF 2014 [Arising out of SLP(C) No. 18880 of 2013] CIVIL APPEAL NO. 11867 OF 2014 [Arising out of SLP(C) No. 19469 of 2013] CIVIL APPEAL NO. 11869 OF 2014 [Arising out of SLP(C) No. 20529 of 2013] CIVIL APPEAL NO. 11872 OF 2014 [Arising out of SLP(C) No. 20830 of 2013] CIVIL APPEAL NO. 11874 OF 2014 [Arising out of SLP(C) No. 21492 of 2013] CIVIL APPEAL NO. 11877 OF 2014 [Arising out of SLP(C) No. 21554 of 2013] CIVIL APPEAL NO. 11880 OF 2014 [Arising out of SLP(C) No.36124 CC No. 3626 of 2014] CIVIL APPEAL NO. 11882 OF 2014 [Arising out of SLP(C) No.8103 of 2014] CIVIL APPEAL NO. 11886 OF 2014 [Arising out of SLP(C) No. 11704 of 2012] Date : 18/12/2014 These appeals were called on for judgment today. For Petitioner(s) Mr. Jagjit Singh Chhabra, Adv. Mr. Ajay Pal, Adv. Mr. Kuldip Singh, Adv. Ms. Kaveeta Wadia, Adv. Mr. Jatinder Kumar Bhatia, Adv. Ms. Naresh Bakshi, Adv. For Respondent(s) Mr. Anis Ahmed Khan, Adv. Mr. Vineet Bhagat, Adv. Mr.Anand Mishra, Adv. Mr.Amrendra Kumar Singh, Adv. Dr. (Mrs.) Vipin Gupta, Adv. Dr.Charu Wali Khanna, Adv.

27 Mr. Ansar Ahmad Chaudhary,Adv. Mr. Subhasish Bhowmick,Adv. Mr. Satyendra Kumar,Adv. Mr. Kanhaiya Priyadarshi,Adv. Mr.Mukesh Kumar Verma, Adv. Mr. Ashwani Bhardwaj,Adv. Mr. Balbir Singh Gupta,Adv. Ms. Namita Choudhary,Adv. Mr. Anil Kumar Tandale,Adv. Mrs. Kanchan Kaur Dhodi,Adv. Ms.Shikha Roy, Adv. Mr.Abhay K.Singh, Adv. Mr. S. K. Sabharwal,Adv. Mr.Sudhir Walia, Adv. Mr. Abhishek Atrey,Adv. Mr. Rahul Gupta,Adv. Mr. Sarad Kumar Singhania,Adv. Mr. S. L. Aneja,Adv. Hon'ble Mr.Justice Jagdish Singh Khehar pronounced the judgment of the Bench comprising His Lordship and Hon'ble Mr.Justice Arun Mishra. Delay condoned. Leave granted. The appeals are disposed of in terms of the signed judgment. (SATISH KUMAR YADAV) (RENUKA SADANA) COURT MASTER COURT MASTER (Signed reportable judgment is placed on the file)

“ REPORTABLE ” IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 11527 OF 2014 (Arising out of SLP(C) No.11684 of 2012) State of Punjab and others etc. … Appellants versus Rafiq Masih (White Washer) etc. … Respondent(s) WITH CIVIL APPEAL NO. 11528 OF 2014 [Arising out of SLP(C) No 35892 CC No. 14663 of 2010] CIVIL APPEAL NO. 11530 OF 2014 [Arising out of SLP(C) No.35914 .CC No. 20144 of 2010] CIVIL APPEAL NO. 11531 OF 2014 [Arising out of SLP(C) No. 35916 CC No. 9303 of 2011] CIVIL APPEAL NO. 11532 OF 2014 [Arising out of SLP(C) No. 35917 CC No. 15876 of 2011] CIVIL APPEAL NO. 11533 OF 2014 [Arising out of SLP(C) No. 35919 CC No. 16190 of 2011] CIVIL APPEAL NO. 11534 OF 2014 [Arising out of SLP(C) No. 35920 CC No. 16303 of 2011] CIVIL APPEAL NO. 11535 OF 2014 [Arising out of SLP(C) No. 35921 CC No. 16309 of 2011] CIVIL APPEAL NO. 11536 OF 2014 [Arising out of SLP(C) No. 35923 CC No. 16325 of 2011] CIVIL APPEAL NO. 11537 OF 2014 [Arising out of SLP(C) No.35924 CC No. 16326 of 2011] CIVIL APPEAL NO.11538 OF 2014 [Arising out of SLP(C) No.35927 CC No. 16327 of 2011] CIVIL APPEAL NO. 11539 OF 2014 [Arising out of SLP(C) No.35928 CC No. 16350 of 2011] CIVIL APPEAL NO. 11540 OF 2014 [Arising out of SLP(C) No. 35930 CC No. 16548 of 2011] CIVIL APPEAL NO. 11541 OF 2014 [Arising out of SLP(C) No.35931 CC No. 16580 of 2011] CIVIL APPEAL NO. 11542 OF 2014 [Arising out of SLP(C) No.35932 CC No. 16582 of 2011] CIVIL APPEAL NO. 11543 OF 2014 [Arising out of SLP(C) No.35936 CC No. 16594 of 2011] CIVIL APPEAL NO. 11544 OF 2014 [Arising out of SLP(C) No. 35940 CC No. 16723 of 2011] CIVIL APPEAL NO. 11545 OF 2014 [Arising out of SLP(C) No. 35941 CC No. 16850 of 2011] CIVIL APPEAL NO. 11546 OF 2014 [Arising out of SLP(C) No. 35943 CC No. 16904 of 2011] CIVIL APPEAL NO. 11547 OF 2014 [Arising out of SLP(C) No. 35944 CC No. 17192 of 2011] CIVIL APPEAL NO. 11548 OF 2014 [Arising out of SLP(C) No. 35945 CC No. 17193 of 2011] CIVIL APPEAL NO. 11549 OF 2014 [Arising out of SLP(C) No.35948 CC No. 17201 of 2011] CIVIL APPEAL NO. 11550 OF 2014 [Arising out of SLP(C) No. 35949 CC No. 17204 of 2011] CIVIL APPEAL NO. 11551 OF 2014 [Arising out of SLP(C) No. 35951 CC No. 17388 of 2011] CIVIL APPEAL NO. 11552 OF 2014 [Arising out of SLP(C) No. 35952 CC No. 17507 of 2011] CIVIL APPEAL NO. 11553 OF 2014 [Arising out of SLP(C) No. 35954 CC No. 17508 of 2011] CIVIL APPEAL NO. 11554 OF 2014 [Arising out of SLP(C) No. 35955 CC No. 17534 of 2011] CIVIL APPEAL NO. 11555 OF 2014 [Arising out of SLP(C) No. 35956 CC No.17709 of 2011] CIVIL APPEAL NO. 11556 OF 2014 [Arising out of SLP(C) No. 35957 CC No.17711 of 2011] CIVIL APPEAL NO. 11557 OF 2014 [Arising out of SLP(C) No. 35958 CC No.17735 of 2011] CIVIL APPEAL NO. 11558 OF 2014 [Arising out of SLP(C) No. 35959 CC No. 17798 of 2011] CIVIL APPEAL NO. 11559 OF 2014 [Arising out of SLP(C) No. 35960 CC No.17835 of 2011] CIVIL APPEAL NO. 11560 OF 2014 [Arising out of SLP(C) No. 35961 CC No. 17846 of 2011] CIVIL APPEAL NO. 11561 OF 2014 [Arising out of SLP(C) No. 35962 CC No. 17888 of 2011] CIVIL APPEAL NO. 11562 OF 2014 [Arising out of SLP(C) No. 35963 CC No. 18227 of 2011]

CIVIL APPEAL NO. 11563 OF 2014 [Arising out of SLP(C) No.35964 CC No. 18261 of 2011] CIVIL APPEAL NO. 11564 OF 2014 [Arising out of SLP(C) No.35965 CC No. 18286 of 2011] CIVIL APPEAL NO. 11565 OF 2014 [Arising out of SLP(C) No. 35967 CC No.18310 of 2011] CIVIL APPEAL NO.11566 OF 2014 [Arising out of SLP(C) No.35968 CC No.18312 of 2011] CIVIL APPEAL NO. 11567 OF 2014 [Arising out of SLP(C) No. 35969 CC No. 18337 of 2011] CIVIL APPEAL NO. 11568 OF 2014 [Arising out of SLP(C) No. 35971 CC No. 18423 of 2011] CIVIL APPEAL NO. 11569 OF 2014 [Arising out of SLP(C) No. 35972 CC No. 18524 of 2011] CIVIL APPEAL NO. 11570 OF 2014 [Arising out of SLP(C) No. 35973 CC No. 18525 of 2011] CIVIL APPEAL NO. 11571 OF 2014 [Arising out of SLP(C) No. 35975 CC No. 18526 of 2011] CIVIL APPEAL NO. 11572 OF 2014 [Arising out of SLP(C) No.35976 CC No.18527 of 2011] CIVIL APPEAL NO. 11573 OF 2014 [Arising out of SLP(C) No. 35977 CC No.18535 of 2011] CIVIL APPEAL NO. 11575 OF 2014 [Arising out of SLP(C) No. 35980 CC No.18536 of 2011] CIVIL APPEAL NO. 11574 OF 2014 [Arising out of SLP(C) No. 35979 CC No.18628 of 2011] CIVIL APPEAL NO. 11576 OF 2014 [Arising out of SLP(C) No. 35981 CC No.18630 of 2011] CIVIL APPEAL NO. 11577 OF 2014 [Arising out of SLP(C) No. 35982 CC No.18767 of 2011] CIVIL APPEAL NO. 11578 OF 2014 [Arising out of SLP(C) No. 35983 CC No. 18769 of 2011] CIVIL APPEAL NO. 11579 OF 2014 [Arising out of SLP(C) No. 35984 CC No.18784 of 2011] CIVIL APPEAL NO. 11580 OF 2014 [Arising out of SLP(C) No. 35985 CC No.18796 of 2011] CIVIL APPEAL NO. 11581 OF 2014 [Arising out of SLP(C) No.35986 CC No.18802 of 2011] CIVIL APPEAL NO. 11582 OF 2014 [Arising out of SLP(C) No. 35987 CC No.18805 of 2011] CIVIL APPEAL NO. 11583 OF 2014 [Arising out of SLP(C) No. 35989 CC No. 18834 of 2011] CIVIL APPEAL NO. 11584 OF 2014 [rising out of SLP(C) No. 35990 CC No. 18857 of 2011] CIVIL APPEAL NO. 11585 OF 2014 [Arising out of SLP(C) No.35991 CC No.18960 of 2011] CIVIL APPEAL NO. 11586 OF 2014 [Arising out of SLP(C) No. 35993 CC No. 19116 of 2011] CIVIL APPEAL NO. 11587 OF 2014 [Arising out of SLP(C) No. 35994 CC No. 19236 of 2011] CIVIL APPEAL NO. 11588 OF 2014 [Arising out of SLP(C) No. 35995 CC No. 19527 of 2011] CIVIL APPEAL NO. 11589 OF 2014 [Arising out of SLP(C) No. 35996 CC No. 19552 of 2011] CIVIL APPEAL NO. 11590 OF 2014 [Arising out of SLP(C) No. 35997 CC No. 19556 of 2011] CIVIL APPEAL NO. 11591 OF 2014 [Arising out of SLP(C) No. 35999 CC No.19580 of 2011] CIVIL APPEAL NO. 11593 OF 2014 [Arising out of SLP(C) No. 36000 CC No. 19590 of 2011] CIVIL APPEAL NO. 11594 OF 2014 [Arising out of SLP(C) No. 36001 CC No.19594 of 2011] CIVIL APPEAL NO. 11595 OF 2014 [Arising out of SLP(C) No. 36002 CC No. 19597 of 2011] CIVIL APPEAL NO. 11596 OF 2014 [Arising out of SLP(C) No. 36003 CC No.19599 of 2011] CIVIL APPEAL NO. 11597 OF 2014 [Arising out of SLP(C) No.36004 CC No.19601 of 2011] CIVIL APPEAL NO. 11598 OF 2014 [Arising out of SLP(C) No. 36005 CC No.19663 of 2011] CIVIL APPEAL NO. 11599 OF 2014 [Arising out of SLP(C) No. 36007 CC No. 19727 of 2011] CIVIL APPEAL NO. 11600 OF 2014 [Arising out of SLP(C) No. 36008 CC No. 19837 of 2011] CIVIL APPEAL NO. 11601 OF 2014 [Arising out of SLP(C) No. 36010 CC No.19864 of 2011] CIVIL APPEAL NO. 11602 OF 2014 [Arising out of SLP(C) No. 36011 CC No. 20022 of 2011] CIVIL APPEAL NO. 11603 OF 2014 [Arising out of SLP(C) No. 36012 CC No. 20024 of 2011] CIVIL APPEAL NO. 11605 OF 2014 [Arising out of SLP(C) No. 36014 CC No. 20048 of 2011] CIVIL APPEAL NO. 11606 OF 2014 [Arising out of SLP(C) No. 36015 CC No.20291 of 2011] CIVIL APPEAL NO. 11607 OF 2014 [Arising out of SLP(C) No. 36016 CC No.20454 of 2011] CIVIL APPEAL NO. 11608 OF 2014 [Arising out of SLP(C) No. 36018 CC No.20794 of 2011] CIVIL APPEAL NO. 11609 OF 2014 [Arising out of SLP(C) No.36019 CC No.20891 of 2011] CIVIL APPEAL NO. 11610 OF 2014 [Arising out of SLP(C) No. 36022 CC No.21915 of 2011] CIVIL APPEAL NO. 11611 OF 2014 [Arising out of SLP(C) No. 36024 CC No. 22255 of 2011] CIVIL APPEAL NO. 11612 OF 2014 [Arising out of SLP(C) No. 36026 CC No.22256 of 2011] CIVIL APPEAL NO. 11613 OF 2014 [Arising out of SLP(C) No. 36027 CC No.22257 of 2011] CIVIL APPEAL NO. 11614 OF 2014 [Arising out of SLP(C) No. 30473 of 2011] CIVIL APPEAL NO. 11615 OF 2014 [Arising out of SLP(C) No. 33651 of 2011] 2

CIVIL APPEAL NO. 11616 OF 2014 [Arising out of SLP(C) No. 35876 of 2011] CIVIL APPEAL NO. 11617 OF 2014 [Arising out of SLP(C) No. 36029 CC No. 133 of 2012] CIVIL APPEAL NO. 11618 OF 2014 [Arising out of SLP(C) No. 36030 CC No. 178 of 2012] CIVIL APPEAL NO. 11619 OF 2014 [Arising out of SLP(C) No. 36031 CC No. 434 of 2012] CIVIL APPEAL NO. 11620 OF 2014 [Arising out of SLP(C) No. 36032 CC No. 887 of 2012] CIVIL APPEAL NO. 11621 OF 2014 [Arising out of SLP(C) No. 36033 CC No. 1147 of 2012] CIVIL APPEAL NO. 11622 OF 2014 [Arising out of SLP(C) No.36034 CC No. 1166 of 2012] CIVIL APPEAL NO. 11623 OF 2014 [Arising out of SLP(C) No. 36036 CC No. 1168 of 2012] CIVIL APPEAL NO. 11624 OF 2014 [Arising out of SLP(C) No. 36037 CC No. 1188 of 2012] CIVIL APPEAL NO. 11625 OF 2014 [Arising out of SLP(C) No. 36038 CC No. 1200 of 2012] CIVIL APPEAL NO. 11626 OF 2014 [Arising out of SLP(C) No. 36039 CC No. 1291 of 2012] CIVIL APPEAL NO. 11627 OF 2014 [Arising out of SLP(C) No. 36040 CC No. 1303 of 2012] CIVIL APPEAL NO. 11628 OF 2014 [Arising out of SLP(C) No. 36042 CC No. 1306 of 2012] CIVIL APPEAL NO. 11629 OF 2014 [Arising out of SLP(C) No.36043 CC No. 1391 of 2012] CIVIL APPEAL NO. 11630 OF 2014 [Arising out of SLP(C) No. 36044 C No. 1596 of 2012] CIVIL APPEAL NO. 11631 OF 2014 [Arising out of SLP(C) No. 36045 CC No. 1637 of 2012] CIVIL APPEAL NO. 11632 OF 2014 [Arising out of SLP(C) No.36046 CC No. 1644 of 2012] CIVIL APPEAL NO. 11633 OF 2014 [Arising out of SLP(C) No. 36047 CC No. 1653 of 2012] CIVIL APPEAL NO. 11636 OF 2014 [Arising out of SLP(C) No. 36048 CC No. 1657 of 2012] CIVIL APPEAL NO. 11637 OF 2014 [Arising out of SLP(C) No. 36049 CC No. 1739 of 2012] CIVIL APPEAL NO. 11638 OF 2014 [Arising out of SLP(C) No. 36051 CC No. 1864 of 2012] CIVIL APPEAL NO. 11639 OF 2014 [Arising out of SLP(C) No. 36052 CC No. 1869 of 2012] CIVIL APPEAL NO. 11640 OF 2014 [Arising out of SLP(C) No. 36053 CC No. 1928 of 2012] CIVIL APPEAL NO. 11641 OF 2014 [Arising out of SLP(C) No. 36054 CC No. 1935 of 2012] CIVIL APPEAL NO. 11642 OF 2014 [Arising out of SLP(C) No. 36055 CC No. 2209 of 2012] CIVIL APPEAL NO. 11643 OF 2014 [Arising out of SLP(C) No. 36056 CC No. 2798 of 2012] CIVIL APPEAL NO. 11644 OF 2014 [Arising out of SLP(C) No. 36058 CC No. 2818 of 2012] CIVIL APPEAL NO. 11645 OF 2014 [Arising out of SLP(C) No. 36059 CC No. 2821 of 2012] CIVIL APPEAL NO. 11646 OF 2014 [Arising out of SLP(C) No.36062 CC No. 2832 of 2012] CIVIL APPEAL NO. 11647 OF 2014 [Arising out of SLP(C) No. 4822 of 2012] CIVIL APPEAL NO. 11648 OF 2014 [Arising out of SLP(C) No. 36063 CC No. 6093 of 2012] CIVIL APPEAL NO. 11649 OF 2014 [Arising out of SLP(C) No. 36065 CC No. 6483 of 2012] CIVIL APPEAL NO. 11650 OF 2014 [Arising out of SLP(C) No. 36067 CC No. 6604 of 2012] CIVIL APPEAL NOS.11651-52 OF 2014 [Arising out of SLP(C) Nos36068-69 CC Nos.6632-6633 of 2012] CIVIL APPEAL NO. 11653 OF 2014 [Arising out of SLP(C) No.36070 CC No. 6659 of 2012] CIVIL APPEAL NO. 11654 OF 2014 [Arising out of SLP(C) No. 6692 of 2012] CIVIL APPEAL NO. 11655 OF 2014 [Arising out of SLP(C) No. 36071 CC No. 6800 of 2012] CIVIL APPEAL NO. 11656 OF 2014 [Arising out of SLP(C) No. 36072 CC No. 6829 of 2012] CIVIL APPEAL NO. 11657 OF 2014 [Arising out of SLP(C) No. 36073 CC No. 10109 of 2012] CIVIL APPEAL NO. 11658 OF 2014 [Arising out of SLP(C) No. 11690 of 2012] CIVIL APPEAL NO. 11659 OF 2014 [Arising out of SLP(C) No. 11693 of 2012] CIVIL APPEAL NO. 11660 OF 2014 [Arising out of SLP(C) No.11694 of 2012] CIVIL APPEAL NO. 11661 OF 2014 [Arising out of SLP(C) No. 11697 of 2012] CIVIL APPEAL NO. 11662 OF 2014 [Arising out of SLP(C) No. 11699 of 2012] CIVIL APPEAL NO. 11663 OF 2014 [Arising out of SLP(C) No. 11702 of 2012] CIVIL APPEAL NO. 11664 OF 2014 [Arising out of SLP(C) No. 11703 of 2012] CIVIL APPEAL NO. 11665 OF 2014 [Arising out of SLP(C) No. 11705 of 2012] CIVIL APPEAL NO. 11666 OF 2014 [Arising out of SLP(C) No. 11706 of 2012] CIVIL APPEAL NO. 11667 OF 2014 [Arising out of SLP(C) No. 11707 of 2012] CIVIL APPEAL NO. 11668 OF 2014 [Arising out of SLP(C) No. 11709 of 2012] CIVIL APPEAL NO. 11669 OF 2014 [Arising out of SLP(C) No. 11710 of 2012] CIVIL APPEAL NO. 11670 OF 2014 [Arising out of SLP(C) No. 11712 of 2012] CIVIL APPEAL NO. 11671 OF 2014 [Arising out of SLP(C) No.36086 CC No. 12769 of 2012] 3

CIVIL APPEAL NO. 11672 OF 2014 [Arising out of SLP(C) No. 36089 CC No. 13044 of 2012] CIVIL APPEAL NO. 11673 OF 2014 [Arising out of SLP(C) No. 36091 CC No. 13114 of 2012] CIVIL APPEAL NO. 11674 OF 2014 [Arising out of SLP(C) No. 36092 CC No. 13300 of 2012] CIVIL APPEAL NO. 11675 OF 2014 [Arising out of SLP(C) No. 26306 of 2012] CIVIL APPEAL NO. 11676 OF 2014 [Arising out of SLP(C) No. 26307 of 2012] CIVIL APPEAL NO. 11677 OF 2014 [Arising out of SLP(C) No. 26308 of 2012] CIVIL APPEAL NO. 11678 OF 2014 [Arising out of SLP(C) No. 26386 of 2012] CIVIL APPEAL NO. 11679 OF 2014 [Arising out of SLP(C) No. 26388 of 2012] CIVIL APPEAL NO. 11680 OF 2014 [Arising out of SLP(C) No. 26389 of 2012] CIVIL APPEAL NO. 11681 OF 2014 [Arising out of SLP(C) No. 26391 of 2012] CIVIL APPEAL NO. 11682 OF 2014 [Arising out of SLP(C) No. 28655 of 2012] CIVIL APPEAL NO. 11683 OF 2014 [Arising out of SLP(C) No. 28812 of 2012] CIVIL APPEAL NO. 11684 OF 2014 [Arising out of SLP(C) No. 28813 of 2012] CIVIL APPEAL NO. 11685 OF 2014 [Arising out of SLP(C) No. 28814 of 2012] CIVIL APPEAL NO. 11686 OF 2014 [Arising out of SLP(C) No. 28815 of 2012] CIVIL APPEAL NO. 11687 OF 2014 [Arising out of SLP(C) No. 28816 of 2012] CIVIL APPEAL NO. 11688 OF 2014 [Arising out of SLP(C) No. 28817 of 2012] CIVIL APPEAL NO. 11689 OF 2014 [Arising out of SLP(C) No. 28818 of 2012] CIVIL APPEAL NO. 11713 OF 2014 (Arising out of SLP(C) No. 28819 of 2012] CIVIL APPEAL NO. 11717 OF 2014 [Arising out of SLP(C) No. 28823 of 2012] CIVIL APPEAL NO. 11720 OF 2014 [Arising out of SLP(C) No. 28824 of 2012] CIVIL APPEAL NO. 11721 OF 2014 [Arising out of SLP(C) No. 28825 of 2012] CIVIL APPEAL NO. 11723 OF 2014 [Arising out of SLP(C) No. 28827 of 2012] CIVIL APPEAL NO. 11724 OF 2014 [Arising out of SLP(C) No. 28828 of 2012] CIVIL APPEAL NO. 11727 OF 2014 [Arising out of SLP(C) No. 28829 of 2012] CIVIL APPEAL NO. 11729 OF 2014 [Arising out of SLP(C) No. 30246 of 2012] CIVIL APPEAL NO. 11731 OF 2014 [Arising out of SLP(C) No. 30751 of 2012] CIVIL APPEAL NO. 11735 OF 2014 [Arising out of SLP(C) No. 33343 of 2012] CIVIL APPEAL NO. 11741 OF 2014 [Arising out of SLP(C) No. 33345 of 2012] CIVIL APPEAL NO. 11743 OF 2014 [Arising out of SLP(C) No. 33347 of 2012] CIVIL APPEAL NO. 11744 OF 2014 [Arising out of SLP(C) No. 33348 of 2012] CIVIL APPEAL NO. 11752 OF 2014 [Arising out of SLP(C) No. 33350 of 2012] CIVIL APPEAL NO. 11754 OF 2014 [Arising out of SLP(C) No. 33352 of 2012] CIVIL APPEAL NO. 11755 OF 2014 [Arising out of SLP(C) No. 33353 of 2012] CIVIL APPEAL NO. 11770 OF 2014 [Arising out of SLP(C) No. 33354 of 2012] CIVIL APPEAL NO. 11772 OF 2014 [Arising out of SLP(C) No. 33356 of 2012] CIVIL APPEAL NO. 11773 OF 201 4 [Arising out of SLP(C) No. 35328 of 2012] CIVIL APPEAL NO. 11790 OF 2014 [Arising out of SLP(C) No. 37149 of 2012] CIVIL APPEAL NO. 11791 OF 2014 [Arising out of SLP(C) No. 37151 of 2012] CIVIL APPEAL NO. 11794 OF 2014 [Arising out of SLP(C) No. 37152 of 2012] CIVIL APPEAL NO. 11795 OF 2014 (Arising out of SLP(C) No. 37153 of 2012] CIVIL APPEAL NO. 11798 OF 2014 [Arising out of SLP(C) No. 37154 of 2012] CIVIL APPEAL NO. 11800 OF 2014 [Arising out of SLP(C) No. 39202 of 2012] CIVIL APPEAL NO. 11802 OF 2014 [Arising out of SLP(C) No. 519 of 2013] CIVIL APPEAL NO. 11806 OF 2014 [Arising out of SLP(C) No. 523 of 2013] CIVIL APPEAL NO. 11807 OF 2014 [Arising out of SLP(C) No. 524 of 2013] CIVIL APPEAL NO. 11810 OF 2014 [Arising out of SLP(C) No. 36111 CC No. 2335 of 2013] CIVIL APPEAL NO. 11812 OF 2014 [Arising out of SLP(C) No. 5751 of 2013] CIVIL APPEAL NO. 11814 OF 2014 [Arising out of SLP(C) No. 5753 of 2013] CIVIL APPEAL NO. 11816 OF 2014 [Arising out of SLP(C) No. 5765 of 2013] CIVIL APPEAL NO. 11818 OF 2014 [Arising out of SLP(C) No. 5810 of 2013] CIVIL APPEAL NO. 11819 OF 2014 [Arising out of SLP(C) No. 5821 of 2013] CIVIL APPEAL NO. 11821 OF 2014 [Arising out of SLP(C) No. 5838 of 2013] 4

CIVIL APPEAL NO. 11836 OF 2014 [Arising out of SLP(C) No. 36112 CC No.6861 of 2013] CIVIL APPEAL NO. 11837 OF 2014 [Arising out of SLP(C) No. 9907 of 2013] CIVIL APPEAL NO. 11838 OF 2014 [Arising out of SLP(C) No. 9909 of 2013] CIVIL APPEAL NO. 11839 OF 2014 [Arising out of SLP(C) No. 9911 of 2013] CIVIL APPEAL NO. 11840 OF 2014 [Arising out of SLP(C) No. 9912 of 2013] CIVIL APPEAL NO. 11841 OF 2014 [Arising out of SLP(C) No. 9913 of 2013] CIVIL APPEAL NO. 11842 OF 2014 [Arising out of SLP(C) No. 9914 of 2013] CIVIL APPEAL NO. 11843 OF 2014 [Arising out of SLP(C) No. 9915 of 2013] CIVIL APPEAL NO. 11844 OF 2014 [Arising out of SLP(C) No. 9916 of 2013] CIVIL APPEAL NO. 11845 OF 2014 [Arising out of SLP(C) No. 9918 of 2013] CIVIL APPEAL NO. 11846 OF 2014 [Arising out of SLP(C) No. 10927 of 2013] CIVIL APPEAL NO. 11848 OF 2014 [Arising out of SLP(C) No. 10928 of 2013] CIVIL APPEAL NO. 11850 OF 2014 [Arising out of SLP(C) No. 10929 of 2013] CIVIL APPEAL NO. 11853 OF 2014 [Arising out of SLP(C) No. 10930 of 2013] CIVIL APPEAL NO. 11854 OF 2014 [Arising out of SLP(C) No. 10931 of 2013] CIVIL APPEAL NO. 11857 OF 2014 [Arising out of SLP(C) No. 10933 of 2013] CIVIL APPEAL NO. 11859 OF 2014 [Arising out of SLP(C) No. 10934 of 2013] CIVIL APPEAL NO. 11861 OF 2014 (Arising out of SLP(C) No. 10935 of 2013] CIVIL APPEAL NO. 11863 OF 2014 [Arising out of SLP(C) No. 10936 of 2013] CIVIL APPEAL NO. 11864 OF 2014 [Arising out of SLP(C) No. 10938 of 2013] CIVIL APPEAL NO. 11866 OF 2014 [Arising out of SLP(C) No. 10939 of 2013] CIVIL APPEAL NO. 11868 OF 2014 [Arising out of SLP(C) No. 10940 of 2013] CIVIL APPEAL NO. 11870 OF 2014 [Arising out of SLP(C) No. 10941 of 2013] CIVIL APPEAL NO. 11873 OF 2014 [Arising out of SLP(C) No.10942 of 2013] CIVIL APPEAL NO. 11875 OF 2014 [Arising out of SLP(C) No. 10943 of 2013] CIVIL APPEAL NO. 11876 OF 2014 [Arising out of SLP(C) No. 11068 of 2013] CIVIL APPEAL NO. 11878 OF 2014 [Arising out of SLP(C) No. 11069 of 2013] CIVIL APPEAL NO. 11879 OF 2014 [Arising out of SLP(C) No. 11072 of 2013] CIVIL APPEAL NO. 11881 OF 2014 [Arising out of SLP(C) No. 13021 of 2013] CIVIL APPEAL NO. 11883 OF 2014 [Arising out of SLP(C) No. 13023 of 2013] CIVIL APPEAL NO. 11884 OF 2014 [Arising out of SLP(C) No. 14780 of 2013] CIVIL APPEAL NO. 11885 OF 2014 [Arising out of SLP(C) No. 14782 of 2013] CIVIL APPEAL NO. 11847 OF 2014 [Arising out of SLP(C) No. 15299 of 2013] CIVIL APPEAL NO. 11849 OF 2014 [Arising out of SLP(C) No. 15300 of 2013] CIVIL APPEAL NO. 11851 OF 2014 [Arising out of SLP(C) No. 15301 of 2013] CIVIL APPEAL NO. 11852 OF 2014 [Arising out of SLP(C) No. 15302 of 2013] CIVIL APPEAL NO. 11855 OF 2014 [Arising out of SLP(C) No. 15303 of 2013] CIVIL APPEAL NO. 11856 OF 2014 [Arising out of SLP(C) No. 15305 of 2013] CIVIL APPEAL NO. 11858 OF 2014 [Arising out of SLP(C) No.15307 of 2013] CIVIL APPEAL NO. 11860 OF 2014 [Arising out of SLP(C) No. 15852 of 2013] CIVIL APPEAL NO. 11862 OF 2014 [Arising out of SLP(C) No. 17618 of 2013] CIVIL APPEAL NO. 11865 OF 2014 [Arising out of SLP(C) No. 18880 of 2013] CIVIL APPEAL NO. 11867 OF 2014 [Arising out of SLP(C) No. 19469 of 2013] CIVIL APPEAL NO. 11869 OF 2014 [Arising out of SLP(C) No. 20529 of 2013] CIVIL APPEAL NO. 11872 OF 2014 [Arising out of SLP(C) No. 20830 of 2013] CIVIL APPEAL NO. 11874 OF 2014 [Arising out of SLP(C) No. 21492 of 2013] CIVIL APPEAL NO. 11877 OF 2014 [Arising out of SLP(C) No. 21554 of 2013] CIVIL APPEAL NO. 11880 OF 2014 [Arising out of SLP(C) No.36124 CC No. 3626 of 2014] CIVIL APPEAL NO. 11882 OF 2014 [Arising out of SLP(C) No.8103 of 2014] CIVIL APPEAL NO. 11886 OF 2014 [Arising out of SLP(C) No. 11704 of 2012] J U D G M E N T 5

Jagdish Singh Khehar, J . 1. Leave granted. 2. All the private respondents in the present bunch of cases, were given monetary benefits, which were in excess of their entitlement. These benefits flowed to them, consequent upon a mistake committed by the concerned competent authority, in determining the emoluments payable to them. The mistake could have occurred on account of a variety of reasons; including the grant of a status, which the concerned employee was not entitled to; or payment of salary in a higher scale, than in consonance of the right of the concerned employee; or because of a wrongful fixation of salary of the employee, consequent upon the upward revision of pay- scales; or for having been granted allowances, for which the concerned employee was not authorized. The long and short of the matter is, that all the private respondents were beneficiaries of a mistake committed by the employer, and on account of the said unintentional mistake, employees were in receipt of monetary benefits, beyond their due. 3. Another essential factual component in this bunch of cases is, that the respondent-employees were not guilty of furnishing any incorrect information, which had led the concerned competent authority, to commit the mistake of making the higher payment to the employees. The payment of higher dues to the private respondents, in all these cases, was not on 6

account of any misrepresentation made by them, nor was it on account of any fraud committed by them. Any participation of the private respondents, in the mistake committed by the employer, in extending the undeserved monetary benefits to the respondent-employees, is totally ruled out. It would therefore not be incorrect to record, that the private respondents, were as innocent as their employers, in the wrongful determination of their inflated emoluments. 4. The issue that we have been required to adjudicate is, whether all the private respondents, against whom an order of recovery (of the excess amount) has been made, should be exempted in law, from the reimbursement of the same to the employer. For the applicability of the instant order, and the conclusions recorded by us hereinafter, the ingredients depicted in the foregoing two paragraphs are essentially indispensable. 5. Merely on account of the fact, that the release of these monetary benefits was based on a mistaken belief at the hands of the employer, and further, because the employees had no role in the determination of the employer, could it be legally feasible, for the private respondents to assert, that they should be exempted from refunding the excess amount received by them? Insofar as the above issue is concerned, it is necessary to keep in mind, that the following reference was made by a Division Bench of two Judges of this Court, for consideration by a larger Bench: 7

" In view of an apparent difference of views expressed on the one hand in Shyam Babu Verma and Ors. vs. Union of India & Ors. (1994) 2 SCC 521 and Sahib Ram Verma vs. State of Haryana (1995) Supp. 1 SCC 18; and on the other hand in Chandi Prasad Uniyal and Ors. vs. State of Uttarakhand & Ors. (2012) 8 SCC 417, we are of the view that the remaining special leave petitions should be placed before a Bench of Three Judges . The Registry is accordingly directed to place the file of the remaining special leave petitions before the Hon'ble the Chief Justice of India for taking instructions for the constitution of a Bench of three Judges, to adjudicate upon the present controversy." (emphasis is ours) The aforesaid reference was answered by a Division Bench of three Judges on 8.7.2014. While disposing of the reference, the three-Judge Division Bench, recorded the following observations in paragraph 7: “ 7. In our considered view, the observations made by the Court not to recover the excess amount paid to the appellant-therein were in exercise of its extra-ordinary powers under Article 142 of the Constitution of India which vest the power in this Court to pass equitable orders in the ends of justice. ” (emphasis is ours) Having recorded the above observations, the reference was answered as under: “ 12. Therefore, in our opinion, the decisions of the Court based on different scales of Article 136 and Article 142 of the Constitution of India cannot be best weighed on the same grounds of reasoning and thus in view of the aforesaid discussion, there is no conflict in the views expressed in the first two judgments and the latter judgment. 13. In that view of the above, we are of the considered opinion that reference was unnecessary. Therefore, without answering the reference, we send back the matters to the Division Bench for its appropriate disposal .” (emphasis is ours) 8

6. In view of the conclusions extracted hereinabove, it will be our endeavour, to lay down the parameters of fact situations, wherein employees, who are beneficiaries of wrongful monetary gains at the hands of the employer, may not be compelled to refund the same. In our considered view, the instant benefit cannot extend to an employee merely on account of the fact, that he was not an accessory to the mistake committed by the employer; or merely because the employee did not furnish any factually incorrect information, on the basis whereof the employer committed the mistake of paying the employee more than what was rightfully due to him; or for that matter, merely because the excessive payment was made to the employee, in absence of any fraud or misrepresentation at the behest of the employee. 7. Having examined a number of judgments rendered by this Court, we are of the view, that orders passed by the employer seeking recovery of monetary benefits wrongly extended to employees, can only be interfered with, in cases where such recovery would result in a hardship of a nature, which would far outweigh, the equitable balance of the employer’s right to recover. In other words, interference would be called for, only in such cases where, it would be iniquitous to recover the payment made. In order to ascertain the parameters of the above consideration, and the test to be applied, reference needs to be made to situations when this Court exempted employees from such recovery, even in exercise of its 9

jurisdiction under Article 142 of the Constitution of India. Repeated exercise of such power, “for doing complete justice in any cause” would establish that the recovery being effected was iniquitous, and therefore, arbitrary. And accordingly, the interference at the hands of this Court. 8. As between two parties, if a determination is rendered in favour of the party, which is the weaker of the two, without any serious detriment to the other (which is truly a welfare State), the issue resolved would be in consonance with the concept of justice, which is assured to the citizens of India, even in the preamble of the Constitution of India. The right to recover being pursued by the employer, will have to be compared, with the effect of the recovery on the concerned employee. If the effect of the recovery from the concerned employee would be, more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer to recover the amount, then it would be iniquitous and arbitrary, to effect the recovery. In such a situation, the employee’s right would outbalance, and therefore eclipse, the right of the employer to recover. 9. The doctrine of equality is a dynamic and evolving concept having many dimensions. The embodiment of the doctrine of equality, can be found in Articles 14 to 18, contained in Part III of the Constitution of India, dealing with “Fundamental Rights”. These Articles of the Constitution, besides assuring equality before the law and equal protection of the laws; 10

also disallow, discrimination with the object of achieving equality, in matters of employment; abolish untouchability, to upgrade the social status of an ostracized section of the society; and extinguish titles, to scale down the status of a section of the society, with such appellations. The embodiment of the doctrine of equality, can also be found in Articles 38, 39, 39A, 43 and 46 contained in Part IV of the Constitution of India, dealing with the “Directive Principles of State Policy”. These Articles of the Constitution of India contain a mandate to the State requiring it to assure a social order providing justice – social, economic and political, by inter alia minimizing monetary inequalities, and by securing the right to adequate means of livelihood, and by providing for adequate wages so as to ensure, an appropriate standard of life, and by promoting economic interests of the weaker sections. 10. In view of the afore-stated constitutional mandate, equity and good conscience, in the matter of livelihood of the people of this country, has to be the basis of all governmental actions. An action of the State, ordering a recovery from an employee, would be in order, so long as it is not rendered iniquitous to the extent, that the action of recovery would be more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer, to recover the amount. Or in other words, till such time as the recovery would have a harsh and arbitrary effect on the employee, it would be permissible in law. Orders passed in given 11

situations repeatedly, even in exercise of the power vested in this Court under Article 142 of the Constitution of India, will disclose the parameters of the realm of an action of recovery (of an excess amount paid to an employee) which would breach the obligations of the State, to citizens of this country, and render the action arbitrary, and therefore, violative of the mandate contained in Article 14 of the Constitution of India. 11. For the above determination, we shall refer to some precedents of this Court wherein the question of recovery of the excess amount paid to employees, came up for consideration, and this Court disallowed the same. These are situations, in which High Courts all over the country, repeatedly and regularly set aside orders of recovery made on the expressed parameters. (i). Reference may first of all be made to the decision in Syed Abdul Qadir v. State of Bihar, (2009) 3 SCC 475, wherein this Court recorded the following observation in paragraph 58: “ 58. The relief against recovery is granted by courts not because of any right in the employees, but in equity, exercising judicial discretion to relieve the employees from the hardship that will be caused if recovery is ordered . But, if in a given case, it is proved that the employee had knowledge that the payment received was in excess of what was due or wrongly paid, or in cases where the error is detected or corrected within a short time of wrong payment , the matter being in the realm of judicial discretion, courts may, on the facts and circumstances of any particular case, order for recovery of the amount paid in excess. See Sahib Ram v. State of Haryana, 1995 Supp. (1) SCC 18, Shyam Babu Verma v. Union of India, ( 1994) 2 SCC 521, Union of India v. M. Bhaskar, ( 1996) 4 SCC 416, V. Ganga Ram v. Director, (1997) 6 SCC 139, Col. B.J. Akkara (Retd.) v. Govt. 12

of India, (2006) 11 SCC 709, Purshottam Lal Das v. State of Bihar, (2006) 11 SCC 492, Punjab National Bank v. Manjeet Singh, (2006) 8 SCC 647 and Bihar SEB v. Bijay Bahadur, (2000) 10 SCC 99.” (emphasis is ours) First and foremost, it is pertinent to note, that this Court in its judgment in Syed Abdul Qadir’s case (supra) recognized, that the issue of recovery revolved on the action being iniquitous. Dealing with the subject of the action being iniquitous, it was sought to be concluded, that when the excess unauthorised payment is detected within a short period of time, it would be open for the employer to recover the same. Conversely, if the payment had been made for a long duration of time, it would be iniquitous to make any recovery. Interference because an action is iniquitous, must really be perceived as, interference because the action is arbitrary. All arbitrary actions are truly, actions in violation of Article 14 of the Constitution of India. The logic of the action in the instant situation, is iniquitous, or arbitrary, or violative of Article 14 of the Constitution of India, because it would be almost impossible for an employee to bear the financial burden, of a refund of payment received wrongfully for a long span of time. It is apparent, that a government employee is primarily dependent on his wages, and if a deduction is to be made from his/her wages, it should not be a deduction which would make it difficult for the employee to provide for the needs of his family. Besides food, clothing and shelter, an employee has to cater, not only to the education needs of those dependent 13

upon him, but also their medical requirements, and a variety of sundry expenses. Based on the above consideration, we are of the view, that if the mistake of making a wrongful payment is detected within five years, it would be open to the employer to recover the same. However, if the payment is made for a period in excess of five years, even though it would be open to the employer to correct the mistake, it would be extremely iniquitous and arbitrary to seek a refund of the payments mistakenly made to the employee. In this context, reference may also be made to the decision rendered by this Court in Shyam Babu Verma v. Union of India (1994) 2 SCC 521, wherein this Court observed as under: “ 11. Although we have held that the petitioners were entitled only to the pay scale of Rs 330-480 in terms of the recommendations of the Third Pay Commission w.e.f. January 1, 1973 and only after the period of 10 years, they became entitled to the pay scale of Rs 330- 560 but as they have received the scale of Rs 330-560 since 1973 due to no fault of theirs and that scale is being reduced in the year 1984 with effect from January 1, 1973, it shall only be just and proper not to recover any excess amount which has already been paid to them. Accordingly, we direct that no steps should be taken to recover or to adjust any excess amount paid to the petitioners due to the fault of the respondents, the petitioners being in no way responsible for the same. ” (emphasis is ours) It is apparent, that in Shyam Babu Verma’s case (supra), the higher pay- scale commenced to be paid erroneously in 1973. The same was sought to be recovered in 1984, i.e., after a period of 11 years. In the aforesaid circumstances, this Court felt that the recovery after several years of the implementation of the pay-scale would not be just and proper. We 14

therefore hereby hold, recovery of excess payments discovered after five years would be iniquitous and arbitrary, and as such, violative of Article 14 of the Constitution of India. (ii). Examining a similar proposition, this Court in Col. B.J. Akkara v. Government of India, (2006) 11 SCC 709, observed as under: “ 28. Such relief, restraining back recovery of excess payment, is granted by courts not because of any right in the employees, but in equity, in exercise of judicial discretion to relieve the employees from the hardship that will be caused if recovery is implemented. A government servant, particularly one in the lower rungs of service would spend whatever emoluments he receives for the upkeep of his family. If he receives an excess payment for a long period, he would spend it, genuinely believing that he is entitled to it. As any subsequent action to recover the excess payment will cause undue hardship to him, relief is granted in that behalf. But where the employee had knowledge that the payment received was in excess of what was due or wrongly paid, or where the error is detected or corrected within a short time of wrong payment, courts will not grant relief against recovery. The matter being in the realm of judicial discretion, courts may on the facts and circumstances of any particular case refuse to grant such relief against recovery.” (emphasis is ours) A perusal of the aforesaid observations made by this Court in Col. B.J. Akkara’s case (supra) reveals a reiteration of the legal position recorded in the earlier judgments rendered by this Court, inasmuch as, it was again affirmed, that the right to recover would be sustainable so long as the same was not iniquitous or arbitrary. In the observation extracted above, this Court also recorded, that recovery from employees in lower rung of service, would result in extreme hardship to them. The apparent explanation for the aforesaid conclusion is, that employees in lower rung of service would 15

spend their entire earnings in the upkeep and welfare of their family, and if such excess payment is allowed to be recovered from them, it would cause them far more hardship, than the reciprocal gains to the employer. We are therefore satisfied in concluding, that such recovery from employees belonging to the lower rungs (i.e., Class-III and Class-IV - sometimes denoted as Group ‘C’ and Group ‘D’) of service, should not be subjected to the ordeal of any recovery, even though they were beneficiaries of receiving higher emoluments, than were due to them. Such recovery would be iniquitous and arbitrary and therefore would also breach the mandate contained in Article 14 of the Constitution of India. (iii). This Court in Syed Abdul Qadir v. State of Bihar (supra) held as follows: “ 59. Undoubtedly, the excess amount that has been paid to the appellant teachers was not because of any misrepresentation or fraud on their part and the appellants also had no knowledge that the amount that was being paid to them was more than what they were entitled to. It would not be out of place to mention here that the Finance Department had, in its counter-affidavit, admitted that it was a bona fide mistake on their part. The excess payment made was the result of wrong interpretation of the Rule that was applicable to them, for which the appellants cannot be held responsible. Rather, the whole confusion was because of inaction, negligence and carelessness of the officials concerned of the Government of Bihar. Learned counsel appearing on behalf of the appellant teachers submitted that majority of the beneficiaries have either retired or are on the verge of it. Keeping in view the peculiar facts and circumstances of the case at hand and to avoid any hardship to the appellant teachers, we are of the view that no recovery of the amount that has been paid in excess to the appellant teachers should be made.” (emphasis is ours) 16

Premised on the legal proposition considered above, namely, whether on the touchstone of equity and arbitrariness, the extract of the judgment reproduced above, culls out yet another consideration, which would make the process of recovery iniquitous and arbitrary. It is apparent from the conclusions drawn in Syed Abdul Qadir’s case (supra), that recovery of excess payments, made from employees who have retired from service, or are close to their retirement, would entail extremely harsh consequences outweighing the monetary gains by the employer. It cannot be forgotten, that a retired employee or an employee about to retire, is a class apart from those who have sufficient service to their credit, before their retirement. Needless to mention, that at retirement, an employee is past his youth, his needs are far in excess of what they were when he was younger. Despite that, his earnings have substantially dwindled (or would substantially be reduced on his retirement). Keeping the aforesaid circumstances in mind, we are satisfied that recovery would be iniquitous and arbitrary, if it is sought to be made after the date of retirement, or soon before retirement. A period within one year from the date of superannuation, in our considered view, should be accepted as the period during which the recovery should be treated as iniquitous. Therefore, it would be justified to treat an order of recovery, on account of wrongful payment made to an employee, as arbitrary, if the recovery is sought to be made after the employee’s 17

retirement, or within one year of the date of his retirement on superannuation. (iv). Last of all, reference may be made to the decision in Sahib Ram Verma v. Union of India, (1995) Supp. 1 SCC 18, wherein it was concluded as under: “ 4. Mr. Prem Malhotra, learned counsel for the appellant, contended that the previous scale of Rs 220-550 to which the appellant was entitled became Rs 700-1600 since the appellant had been granted that scale of pay in relaxation of the educational qualification. The High Court was, therefore, not right in dismissing the writ petition. We do not find any force in this contention. It is seen that the Government in consultation with the University Grants Commission had revised the pay scale of a Librarian working in the colleges to Rs 700-1600 but they insisted upon the minimum educational qualification of first or second class M.A., M.Sc., M.Com. plus a first or second class B.Lib. Science or a Diploma in Library Science. The relaxation given was only as regards obtaining first or second class in the prescribed educational qualification but not relaxation in the educational qualification itself. 5. Admittedly the appellant does not possess the required educational qualifications. Under the circumstances the appellant would not be entitled to the relaxation. The Principal erred in granting him the relaxation. Since the date of relaxation the appellant had been paid his salary on the revised scale. However, it is not on account of any misrepresentation made by the appellant that the benefit of the higher pay scale was given to him but by wrong construction made by the Principal for which the appellant cannot be held to be at fault . Under the circumstances the amount paid till date may not be recovered from the appellant. The principle of equal pay for equal work would not apply to the scales prescribed by the University Grants Commission. The appeal is allowed partly without any order as to costs.” (emphasis is ours) It would be pertinent to mention, that Librarians were equated with Lecturers, for the grant of the pay scale of Rs.700-1600. The above pay 18

parity would extend to Librarians, subject to the condition that they possessed the prescribed minimum educational qualification (first or second class M.A., M.Sc., M.Com. plus a first or second class B.Lib. Science or a Diploma in Library Science, the degree of M.Lib. Science being a preferential qualification). For those Librarians appointed prior to 3.12.1972, the educational qualifications were relaxed. In Sahib Ram Verma’s case (supra), a mistake was committed by wrongly extending to the appellants the revised pay scale, by relaxing the prescribed educational qualifications, even though the concerned appellants were ineligible for the same. The concerned appellants were held not eligible for the higher scale, by applying the principle of “equal pay for equal work”. This Court, in the above circumstances, did not allow the recovery of the excess payment. This was apparently done because this Court felt that the employees were entitled to wages, for the post against which they had discharged their duties. In the above view of the matter, we are of the opinion, that it would be iniquitous and arbitrary for an employer to require an employee to refund the wages of a higher post, against which he had wrongfully been permitted to work, though he should have rightfully been required to work against an inferior post. 12. It is not possible to postulate all situations of hardship, which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be 19

that as it may, based on the decisions referred to herein above, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law: (i) Recovery from employees belonging to Class-III and Class-IV service (or Group ‘C’ and Group ‘D’ service). (ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery. (iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued. (iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post. (v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer’s right to recover. 13. We are informed by the learned counsel representing the appellant- State of Punjab, that all the cases in this bunch of appeals, would undisputedly fall within the first four categories delineated hereinabove. In the appeals referred to above, therefore, the impugned orders passed by 20

the High Court of Punjab and Haryana (quashing the order of recovery), shall be deemed to have been upheld, for the reasons recorded above. 14. The appeals are disposed of in the above terms. … ..…………………………….J. (Jagdish Singh Khehar) …..…………………………….J. (Arun Mishra) New Delhi; December 18, 2014. 21

d. 1 "REPORTABLE" IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 11527 OF 2014 (Arising out of SLP(C) No.11684 of 2012) State of Punjab and others etc. ... Appellants versus Rafiq Masih (White Washer) etc. ... Respondent(s) WITH CIVIL APPEAL NO.11528 OF 2014 [Arising out of SLP(C) No 35892 CC No. 14663 of 2010] CIVIL APPEAL NO. 11530 OF 2014 [Arising out of SLP(C) No.35914 .CC No. 20144 of 2010] CIVIL APPEAL NO.11531 OF 2014 [Arising out of SLP(C) No. 35916 CC No. 9303 of 2011] CIVIL APPEAL NO.11532 OF 2014 [Arising out of SLP(C) No. 35917 CC No. 15876 of 2011] CIVIL APPEAL NO.11533 OF 2014 [Arising out of SLP(C) No. 35919 CC No. 16190 of 2011] CIVIL APPEAL NO. 11534 OF 2014 [Arising out of SLP(C) No. 35920 CC No. 16303 of 2011] CIVIL APPEAL NO.11535 OF 2014 [Arising out of SLP(C) No. 35921 CC No. 16309 of 2011] CIVIL APPEAL NO.11536 OF 2014 [Arising out of SLP(C) No. 35923 CC No. 16325 of 2011] CIVIL APPEAL NO.11537 OF 2014 [Arising out of SLP(C) No.35924 CC No. 16326 of 2011] CIVIL APPEAL NO.11538 OF 2014 [Arising out of SLP(C) No.35927 CC No. 16327 of 2011] CIVIL APPEAL NO.11539 OF 2014 [Arising out of SLP(C) No.35928 CC No. 16350 of 2011] CIVIL APPEAL NO.11540 OF 2014 [Arising out of SLP(C) No. 35930 CC No. 16548 of 2011] CIVIL APPEAL NO.11541 OF 2014 [Arising out of SLP(C) No.35931 CC No. 16580 of 2011] CIVIL APPEAL NO.11542 OF 2014 [Arising out of SLP(C) No.35932 CC No. 16582 of 2011] CIVIL APPEAL NO.11543 OF 2014 [Arising out of SLP(C) No.35936 CC No. 16594 of 2011] CIVIL APPEAL NO.11544 OF 2014 [Arising out of SLP(C) No. 35940 CC No. 16723 of 2011] CIVIL APPEAL NO.11545 OF 2014 [Arising out of SLP(C) No. 35941 CC No. 16850 of 2011] CIVIL APPEAL NO.11546 OF 2014 [Arising out of SLP(C) No. 35943 CC No. 16904 of 2011] CIVIL APPEAL NO.11547 OF 2014 [Arising out of SLP(C) No. 35944 CC No. 17192 of 2011] CIVIL APPEAL NO.11548 OF 2014 [Arising out of SLP(C) No. 35945 CC No. 17193 of 2011] CIVIL APPEAL NO.11549 OF 2014 [Arising out of SLP(C) No.35948 CC No. 17201 of 2011] CIVIL APPEAL NO.11550 OF 2014 [Arising out of SLP(C) No. 35949 CC No. 17204 of 2011] CIVIL APPEAL NO.11551 OF 2014 [Arising out of SLP(C) No. 35951 CC No. 17388 of 2011]

CIVIL APPEAL NO.11552 OF 2014 [Arising out of SLP(C) No. 35952 CC No. 17507 of 2011] CIVIL APPEAL NO.11553 OF 2014 [Arising out of SLP(C) No. 35954 CC No. 17508 of 2011] CIVIL APPEAL NO.11554 OF 2014 [Arising out of SLP(C) No. 35955 CC No. 17534 of 2011] CIVIL APPEAL NO.11555 OF 2014 [Arising out of SLP(C) No. 35956 CC No.17709 of 2011] CIVIL APPEAL NO.11556 OF 2014 [Arising out of SLP(C) No. 35957 CC No.17711 of 2011] CIVIL APPEAL NO.11557 OF 2014 [Arising out of SLP(C) No. 35958 CC No.17735 of 2011]Signature Not VerifiedDigitally signed by CIVIL APPEAL NO.11558 OF 2014 [Arising out of SLP(C) No. 35959 CC No. 17798 of 2011]Satish Kumar YadavDate: 2014.12.20 CIVIL APPEAL NO.11559 OF 2014 [Arising out of SLP(C) No. 35960 CC No.17835 of 2011] CIVIL APPEAL NO.11560 OF 2014 [Arising out of SLP(C) No. 35961 CC No. 17846 of 2011]11:11:16 ISTReason: CIVIL APPEAL NO.11561 OF 2014 [Arising out of SLP(C) No. 35962 CC No. 17888 of 2011] CIVIL APPEAL NO.11562 OF 2014 [Arising out of SLP(C) No. 35963 CC No. 18227 of 2011] CIVIL APPEAL NO.11563 OF 2014 [Arising out of SLP(C) No.35964 CC No. 18261 of 2011] CIVIL APPEAL NO.11564 OF 2014 [Arising out of SLP(C) No.35965 CC No. 18286 of 2011] 2CIVIL APPEAL NO.11565 OF 2014 [Arising out of SLP(C) No. 35967 CC No.18310 of 2011]CIVIL APPEAL NO.11566 OF 2014 [Arising out of SLP(C) No.35968 CC No.18312 of 2011]CIVIL APPEAL NO.11567 OF 2014 [Arising out of SLP(C) No. 35969 CC No. 18337 of 2011]CIVIL APPEAL NO.11568 OF 2014 [Arising out of SLP(C) No. 35971 CC No. 18423 of 2011]CIVIL APPEAL NO. 11569 OF 2014 [Arising out of SLP(C) No. 35972 CC No. 18524 of 2011]CIVIL APPEAL NO. 11570 OF 2014 [Arising out of SLP(C) No. 35973 CC No. 18525 of 2011]CIVIL APPEAL NO. 11571 OF 2014 [Arising out of SLP(C) No. 35975 CC No. 18526 of 2011]CIVIL APPEAL NO. 11572 OF 2014 [Arising out of SLP(C) No.35976 CC No.18527 of 2011]CIVIL APPEAL NO. 11573 OF 2014 [Arising out of SLP(C) No. 35977 CC No.18535 of 2011]CIVIL APPEAL NO. 11575 OF 2014 [Arising out of SLP(C) No. 35980 CC No.18536 of 2011]CIVIL APPEAL NO. 11574 OF 2014 [Arising out of SLP(C) No. 35979 CC No.18628 of 2011]CIVIL APPEAL NO. 11576 OF 2014 [Arising out of SLP(C) No. 35981 CC No.18630 of 2011]CIVIL APPEAL NO. 11577 OF 2014 [Arising out of SLP(C) No. 35982 CC No.18767 of 2011]CIVIL APPEAL NO. 11578 OF 2014 [Arising out of SLP(C) No. 35983 CC No. 18769 of 2011]CIVIL APPEAL NO. 11579 OF 2014 [Arising out of SLP(C) No. 35984 CC No.18784 of 2011]CIVIL APPEAL NO. 11580 OF 2014 [Arising out of SLP(C) No. 35985 CC No.18796 of 2011]CIVIL APPEAL NO. 11581 OF 2014 [Arising out of SLP(C) No.35986 CC No.18802 of 2011]CIVIL APPEAL NO. 11582 OF 2014 [Arising out of SLP(C) No. 35987 CC No.18805 of 2011]CIVIL APPEAL NO. 11583 OF 2014 [Arising out of SLP(C) No. 35989 CC No. 18834 of 2011]CIVIL APPEAL NO. 11584 OF 2014 [rising out of SLP(C) No. 35990 CC No. 18857 of 2011]CIVIL APPEAL NO. 11585 OF 2014 [Arising out of SLP(C) No.35991 CC No.18960 of 2011]CIVIL APPEAL NO. 11586 OF 2014 [Arising out of SLP(C) No. 35993 CC No. 19116 of 2011]CIVIL APPEAL NO. 11587 OF 2014 [Arising out of SLP(C) No. 35994 CC No. 19236 of 2011]CIVIL APPEAL NO. 11588 OF 2014 [Arising out of SLP(C) No. 35995 CC No. 19527 of 2011]CIVIL APPEAL NO. 11589 OF 2014 [Arising out of SLP(C) No. 35996 CC No. 19552 of 2011]CIVIL APPEAL NO. 11590 OF 2014 [Arising out of SLP(C) No. 35997 CC No. 19556 of 2011]CIVIL APPEAL NO. 11591 OF 2014 [Arising out of SLP(C) No. 35999 CC No.19580 of 2011]CIVIL APPEAL NO. 11593 OF 2014 [Arising out of SLP(C) No. 36000 CC No. 19590 of 2011]CIVIL APPEAL NO. 11594 OF 2014 [Arising out of SLP(C) No. 36001 CC No.19594 of 2011]CIVIL APPEAL NO. 11595 OF 2014 [Arising out of SLP(C) No. 36002 CC No. 19597 of 2011]CIVIL APPEAL NO. 11596 OF 2014 [Arising out of SLP(C) No. 36003 CC No.19599 of 2011]CIVIL APPEAL NO. 11597 OF 2014 [Arising out of SLP(C) No.36004 CC No.19601 of 2011]CIVIL APPEAL NO. 11598 OF 2014 [Arising out of SLP(C) No. 36005 CC No.19663 of 2011]

CIVIL APPEAL NO. 11599 OF 2014 [Arising out of SLP(C) No. 36007 CC No. 19727 of 2011]CIVIL APPEAL NO. 11600 OF 2014 [Arising out of SLP(C) No. 36008 CC No. 19837 of 2011]CIVIL APPEAL NO. 11601 OF 2014 [Arising out of SLP(C) No. 36010 CC No.19864 of 2011]CIVIL APPEAL NO. 11602 OF 2014 [Arising out of SLP(C) No. 36011 CC No. 20022 of 2011]CIVIL APPEAL NO. 11603 OF 2014 [Arising out of SLP(C) No. 36012 CC No. 20024 of 2011]CIVIL APPEAL NO. 11605 OF 2014 [Arising out of SLP(C) No. 36014 CC No. 20048 of 2011]CIVIL APPEAL NO. 11606 OF 2014 [Arising out of SLP(C) No. 36015 CC No.20291 of 2011]CIVIL APPEAL NO. 11607 OF 2014 [Arising out of SLP(C) No. 36016 CC No.20454 of 2011]CIVIL APPEAL NO. 11608 OF 2014 [Arising out of SLP(C) No. 36018 CC No.20794 of 2011]CIVIL APPEAL NO. 11609 OF 2014 [Arising out of SLP(C) No.36019 CC No.20891 of 2011]CIVIL APPEAL NO. 11610 OF 2014 [Arising out of SLP(C) No. 36022 CC No.21915 of 2011]CIVIL APPEAL NO. 11611 OF 2014 [Arising out of SLP(C) No. 36024 CC No. 22255 of 2011]CIVIL APPEAL NO. 11612 OF 2014 [Arising out of SLP(C) No. 36026 CC No.22256 of 2011]CIVIL APPEAL NO. 11613 OF 2014 [Arising out of SLP(C) No. 36027 CC No.22257 of 2011]CIVIL APPEAL NO. 11614 OF 2014 [Arising out of SLP(C) No. 30473 of 2011]CIVIL APPEAL NO. 11615 OF 2014 [Arising out of SLP(C) No. 33651 of 2011]CIVIL APPEAL NO. 11616 OF 2014 [Arising out of SLP(C) No. 35876 of 2011]CIVIL APPEAL NO. 11617 OF 2014 [Arising out of SLP(C) No. 36029 CC No. 133 of 2012]CIVIL APPEAL NO. 11618 OF 2014 [Arising out of SLP(C) No. 36030 CC No. 178 of 2012]CIVIL APPEAL NO. 11619 OF 2014 [Arising out of SLP(C) No. 36031 CC No. 434 of 2012]CIVIL APPEAL NO. 11620 OF 2014 [Arising out of SLP(C) No. 36032 CC No. 887 of 2012]CIVIL APPEAL NO. 11621 OF 2014 [Arising out of SLP(C) No. 36033 CC No. 1147 of 2012]CIVIL APPEAL NO. 11622 OF 2014 [Arising out of SLP(C) No.36034 CC No. 1166 of 2012]CIVIL APPEAL NO. 11623 OF 2014 [Arising out of SLP(C) No. 36036 CC No. 1168 of 2012] 3CIVIL APPEAL NO. 11624 OF 2014 [Arising out of SLP(C) No. 36037 CC No. 1188 of 2012]CIVIL APPEAL NO. 11625 OF 2014 [Arising out of SLP(C) No. 36038 CC No. 1200 of 2012]CIVIL APPEAL NO. 11626 OF 2014 [Arising out of SLP(C) No. 36039 CC No. 1291 of 2012]CIVIL APPEAL NO. 11627 OF 2014 [Arising out of SLP(C) No. 36040 CC No. 1303 of 2012]CIVIL APPEAL NO. 11628 OF 2014 [Arising out of SLP(C) No. 36042 CC No. 1306 of 2012]CIVIL APPEAL NO. 11629 OF 2014 [Arising out of SLP(C) No.36043 CC No. 1391 of 2012]CIVIL APPEAL NO. 11630 OF 2014 [Arising out of SLP(C) No. 36044 C No. 1596 of 2012]CIVIL APPEAL NO. 11631 OF 2014 [Arising out of SLP(C) No. 36045 CC No. 1637 of 2012]CIVIL APPEAL NO. 11632 OF 2014 [Arising out of SLP(C) No.36046 CC No. 1644 of 2012]CIVIL APPEAL NO. 11633 OF 2014 [Arising out of SLP(C) No. 36047 CC No. 1653 of 2012]CIVIL APPEAL NO. 11636 OF 2014 [Arising out of SLP(C) No. 36048 CC No. 1657 of 2012]CIVIL APPEAL NO. 11637 OF 2014 [Arising out of SLP(C) No. 36049 CC No. 1739 of 2012]CIVIL APPEAL NO. 11638 OF 2014 [Arising out of SLP(C) No. 36051 CC No. 1864 of 2012]CIVIL APPEAL NO. 11639 OF 2014 [Arising out of SLP(C) No. 36052 CC No. 1869 of 2012]CIVIL APPEAL NO. 11640 OF 2014 [Arising out of SLP(C) No. 36053 CC No. 1928 of 2012]CIVIL APPEAL NO. 11641 OF 2014 [Arising out of SLP(C) No. 36054 CC No. 1935 of 2012]CIVIL APPEAL NO. 11642 OF 2014 [Arising out of SLP(C) No. 36055 CC No. 2209 of 2012]CIVIL APPEAL NO. 11643 OF 2014 [Arising out of SLP(C) No. 36056 CC No. 2798 of 2012]CIVIL APPEAL NO. 11644 OF 2014 [Arising out of SLP(C) No. 36058 CC No. 2818 of 2012]CIVIL APPEAL NO. 11645 OF 2014 [Arising out of SLP(C) No. 36059 CC No. 2821 of 2012]CIVIL APPEAL NO. 11646 OF 2014 [Arising out of SLP(C) No.36062 CC No. 2832 of 2012]CIVIL APPEAL NO. 11647 OF 2014 [Arising out of SLP(C) No. 4822 of 2012]CIVIL APPEAL NO. 11648 OF 2014 [Arising out of SLP(C) No. 36063 CC No. 6093 of 2012]CIVIL APPEAL NO. 11649 OF 2014 [Arising out of SLP(C) No. 36065 CC No. 6483 of 2012]CIVIL APPEAL NO. 11650 OF 2014 [Arising out of SLP(C) No. 36067 CC No. 6604 of 2012]CIVIL APPEAL NOS.11651-52 OF 2014 [Arising out of SLP(C) Nos36068-69 CC Nos.6632-6633of 2012]CIVIL APPEAL NO. 11653 OF 2014 [Arising out of SLP(C) No.36070 CC No. 6659 of 2012]CIVIL APPEAL NO. 11654 OF 2014 [Arising out of SLP(C) No. 6692 of 2012]CIVIL APPEAL NO. 11655 OF 2014 [Arising out of SLP(C) No. 36071 CC No. 6800 of 2012]CIVIL APPEAL NO. 11656 OF 2014 [Arising out of SLP(C) No. 36072 CC No. 6829 of 2012]CIVIL APPEAL NO. 11657 OF 2014 [Arising out of SLP(C) No. 36073 CC No. 10109 of 2012]CIVIL APPEAL NO. 11658 OF 2014 [Arising out of SLP(C) No. 11690 of 2012]CIVIL APPEAL NO. 11659 OF 2014 [Arising out of SLP(C) No. 11693 of 2012]CIVIL APPEAL NO. 11660 OF 2014 [Arising out of SLP(C) No.11694 of 2012]CIVIL APPEAL NO. 11661 OF 2014 [Arising out of SLP(C) No. 11697 of 2012]CIVIL APPEAL NO. 11662 OF 2014 [Arising out of SLP(C) No. 11699 of 2012]CIVIL APPEAL NO. 11663 OF 2014 [Arising out of SLP(C) No. 11702 of 2012]CIVIL APPEAL NO. 11664 OF 2014 [Arising out of SLP(C) No. 11703 of 2012]CIVIL APPEAL NO. 11665 OF 2014 [Arising out of SLP(C) No. 11705 of 2012]CIVIL APPEAL NO. 11666 OF 2014 [Arising out of SLP(C) No. 11706 of 2012]CIVIL APPEAL NO. 11667 OF 2014 [Arising out of SLP(C) No. 11707 of 2012]CIVIL APPEAL NO. 11668 OF 2014 [Arising out of SLP(C) No. 11709 of 2012]

CIVIL APPEAL NO. 11669 OF 2014 [Arising out of SLP(C) No. 11710 of 2012]CIVIL APPEAL NO. 11670 OF 2014 [Arising out of SLP(C) No. 11712 of 2012]CIVIL APPEAL NO. 11671 OF 2014 [Arising out of SLP(C) No.36086 CC No. 12769 of 2012]CIVIL APPEAL NO. 11672 OF 2014 [Arising out of SLP(C) No. 36089 CC No. 13044 of 2012]CIVIL APPEAL NO. 11673 OF 2014 [Arising out of SLP(C) No. 36091 CC No. 13114 of 2012]CIVIL APPEAL NO. 11674 OF 2014 [Arising out of SLP(C) No. 36092 CC No. 13300 of 2012]CIVIL APPEAL NO. 11675 OF 2014 [Arising out of SLP(C) No. 26306 of 2012]CIVIL APPEAL NO. 11676 OF 2014 [Arising out of SLP(C) No. 26307 of 2012]CIVIL APPEAL NO. 11677 OF 2014 [Arising out of SLP(C) No. 26308 of 2012]CIVIL APPEAL NO. 11678 OF 2014 [Arising out of SLP(C) No. 26386 of 2012]CIVIL APPEAL NO. 11679 OF 2014 [Arising out of SLP(C) No. 26388 of 2012]CIVIL APPEAL NO. 11680 OF 2014 [Arising out of SLP(C) No. 26389 of 2012]CIVIL APPEAL NO. 11681 OF 2014 [Arising out of SLP(C) No. 26391 of 2012]CIVIL APPEAL NO. 11682 OF 2014 [Arising out of SLP(C) No. 28655 of 2012] 4CIVIL APPEAL NO. 11683 OF 2014 [Arising out of SLP(C) No. 28812 of 2012]CIVIL APPEAL NO. 11684 OF 2014 [Arising out of SLP(C) No. 28813 of 2012]CIVIL APPEAL NO. 11685 OF 2014 [Arising out of SLP(C) No. 28814 of 2012]CIVIL APPEAL NO. 11686 OF 2014 [Arising out of SLP(C) No. 28815 of 2012]CIVIL APPEAL NO. 11687 OF 2014 [Arising out of SLP(C) No. 28816 of 2012]CIVIL APPEAL NO. 11688 OF 2014 [Arising out of SLP(C) No. 28817 of 2012]CIVIL APPEAL NO. 11689 OF 2014 [Arising out of SLP(C) No. 28818 of 2012]CIVIL APPEAL NO. 11713 OF 2014 (Arising out of SLP(C) No. 28819 of 2012]CIVIL APPEAL NO. 11717 OF 2014 [Arising out of SLP(C) No. 28823 of 2012]CIVIL APPEAL NO. 11720 OF 2014 [Arising out of SLP(C) No. 28824 of 2012]CIVIL APPEAL NO. 11721 OF 2014 [Arising out of SLP(C) No. 28825 of 2012]CIVIL APPEAL NO. 11723 OF 2014 [Arising out of SLP(C) No. 28827 of 2012]CIVIL APPEAL NO. 11724 OF 2014 [Arising out of SLP(C) No. 28828 of 2012]CIVIL APPEAL NO. 11727 OF 2014 [Arising out of SLP(C) No. 28829 of 2012]CIVIL APPEAL NO. 11729 OF 2014 [Arising out of SLP(C) No. 30246 of 2012]CIVIL APPEAL NO. 11731 OF 2014 [Arising out of SLP(C) No. 30751 of 2012]CIVIL APPEAL NO. 11735 OF 2014 [Arising out of SLP(C) No. 33343 of 2012]CIVIL APPEAL NO. 11741 OF 2014 [Arising out of SLP(C) No. 33345 of 2012]CIVIL APPEAL NO. 11743 OF 2014 [Arising out of SLP(C) No. 33347 of 2012]CIVIL APPEAL NO. 11744 OF 2014 [Arising out of SLP(C) No. 33348 of 2012]CIVIL APPEAL NO. 11752 OF 2014 [Arising out of SLP(C) No. 33350 of 2012]CIVIL APPEAL NO. 11754 OF 2014 [Arising out of SLP(C) No. 33352 of 2012]CIVIL APPEAL NO. 11755 OF 2014 [Arising out of SLP(C) No. 33353 of 2012]CIVIL APPEAL NO. 11770 OF 2014 [Arising out of SLP(C) No. 33354 of 2012]CIVIL APPEAL NO. 11772 OF 2014 [Arising out of SLP(C) No. 33356 of 2012]CIVIL APPEAL NO. 11773 OF 201 4 [Arising out of SLP(C) No. 35328 of 2012]CIVIL APPEAL NO. 11790 OF 2014 [Arising out of SLP(C) No. 37149 of 2012]CIVIL APPEAL NO. 11791 OF 2014 [Arising out of SLP(C) No. 37151 of 2012]CIVIL APPEAL NO. 11794 OF 2014 [Arising out of SLP(C) No. 37152 of 2012]CIVIL APPEAL NO. 11795 OF 2014 (Arising out of SLP(C) No. 37153 of 2012]CIVIL APPEAL NO. 11798 OF 2014 [Arising out of SLP(C) No. 37154 of 2012]CIVIL APPEAL NO. 11800 OF 2014 [Arising out of SLP(C) No. 39202 of 2012]CIVIL APPEAL NO. 11802 OF 2014 [Arising out of SLP(C) No. 519 of 2013]CIVIL APPEAL NO. 11806 OF 2014 [Arising out of SLP(C) No. 523 of 2013]CIVIL APPEAL NO. 11807 OF 2014 [Arising out of SLP(C) No. 524 of 2013]CIVIL APPEAL NO. 11810 OF 2014 [Arising out of SLP(C) No. 36111 CC No. 2335 of 2013]CIVIL APPEAL NO. 11812 OF 2014 [Arising out of SLP(C) No. 5751 of 2013]CIVIL APPEAL NO. 11814 OF 2014 [Arising out of SLP(C) No. 5753 of 2013]CIVIL APPEAL NO. 11816 OF 2014 [Arising out of SLP(C) No. 5765 of 2013]CIVIL APPEAL NO. 11818 OF 2014 [Arising out of SLP(C) No. 5810 of 2013]CIVIL APPEAL NO. 11819 OF 2014 [Arising out of SLP(C) No. 5821 of 2013]CIVIL APPEAL NO. 11821 OF 2014 [Arising out of SLP(C) No. 5838 of 2013]CIVIL APPEAL NO. 11836 OF 2014 [Arising out of SLP(C) No. 36112 CC No.6861 of 2013]CIVIL APPEAL NO. 11837 OF 2014 [Arising out of SLP(C) No. 9907 of 2013]CIVIL APPEAL NO. 11838 OF 2014 [Arising out of SLP(C) No. 9909 of 2013]CIVIL APPEAL NO. 11839 OF 2014 [Arising out of SLP(C) No. 9911 of 2013]CIVIL APPEAL NO. 11840 OF 2014 [Arising out of SLP(C) No. 9912 of 2013]CIVIL APPEAL NO. 11841 OF 2014 [Arising out of SLP(C) No. 9913 of 2013]CIVIL APPEAL NO. 11842 OF 2014 [Arising out of SLP(C) No. 9914 of 2013]CIVIL APPEAL NO. 11843 OF 2014 [Arising out of SLP(C) No. 9915 of 2013]CIVIL APPEAL NO. 11844 OF 2014 [Arising out of SLP(C) No. 9916 of 2013]CIVIL APPEAL NO. 11845 OF 2014 [Arising out of SLP(C) No. 9918 of 2013]CIVIL APPEAL NO. 11846 OF 2014 [Arising out of SLP(C) No. 10927 of 2013]

CIVIL APPEAL NO. 11848 OF 2014 [Arising out of SLP(C) No. 10928 of 2013]CIVIL APPEAL NO. 11850 OF 2014 [Arising out of SLP(C) No. 10929 of 2013]CIVIL APPEAL NO. 11853 OF 2014 [Arising out of SLP(C) No. 10930 of 2013]CIVIL APPEAL NO. 11854 OF 2014 [Arising out of SLP(C) No. 10931 of 2013] 5CIVIL APPEAL NO. 11857 OF 2014 [Arising out of SLP(C) No. 10933 of 2013]CIVIL APPEAL NO. 11859 OF 2014 [Arising out of SLP(C) No. 10934 of 2013]CIVIL APPEAL NO. 11861 OF 2014 (Arising out of SLP(C) No. 10935 of 2013]CIVIL APPEAL NO. 11863 OF 2014 [Arising out of SLP(C) No. 10936 of 2013]CIVIL APPEAL NO. 11864 OF 2014 [Arising out of SLP(C) No. 10938 of 2013]CIVIL APPEAL NO. 11866 OF 2014 [Arising out of SLP(C) No. 10939 of 2013]CIVIL APPEAL NO. 11868 OF 2014 [Arising out of SLP(C) No. 10940 of 2013]CIVIL APPEAL NO. 11870 OF 2014 [Arising out of SLP(C) No. 10941 of 2013]CIVIL APPEAL NO. 11873 OF 2014 [Arising out of SLP(C) No.10942 of 2013]CIVIL APPEAL NO. 11875 OF 2014 [Arising out of SLP(C) No. 10943 of 2013]CIVIL APPEAL NO. 11876 OF 2014 [Arising out of SLP(C) No. 11068 of 2013]CIVIL APPEAL NO. 11878 OF 2014 [Arising out of SLP(C) No. 11069 of 2013]CIVIL APPEAL NO. 11879 OF 2014 [Arising out of SLP(C) No. 11072 of 2013]CIVIL APPEAL NO. 11881 OF 2014 [Arising out of SLP(C) No. 13021 of 2013]CIVIL APPEAL NO. 11883 OF 2014 [Arising out of SLP(C) No. 13023 of 2013]CIVIL APPEAL NO. 11884 OF 2014 [Arising out of SLP(C) No. 14780 of 2013]CIVIL APPEAL NO. 11885 OF 2014 [Arising out of SLP(C) No. 14782 of 2013]CIVIL APPEAL NO. 11847 OF 2014 [Arising out of SLP(C) No. 15299 of 2013]CIVIL APPEAL NO. 11849 OF 2014 [Arising out of SLP(C) No. 15300 of 2013]CIVIL APPEAL NO. 11851 OF 2014 [Arising out of SLP(C) No. 15301 of 2013]CIVIL APPEAL NO. 11852 OF 2014 [Arising out of SLP(C) No. 15302 of 2013]CIVIL APPEAL NO. 11855 OF 2014 [Arising out of SLP(C) No. 15303 of 2013]CIVIL APPEAL NO. 11856 OF 2014 [Arising out of SLP(C) No. 15305 of 2013]CIVIL APPEAL NO. 11858 OF 2014 [Arising out of SLP(C) No.15307 of 2013]CIVIL APPEAL NO. 11860 OF 2014 [Arising out of SLP(C) No. 15852 of 2013]CIVIL APPEAL NO. 11862 OF 2014 [Arising out of SLP(C) No. 17618 of 2013]CIVIL APPEAL NO. 11865 OF 2014 [Arising out of SLP(C) No. 18880 of 2013]CIVIL APPEAL NO. 11867 OF 2014 [Arising out of SLP(C) No. 19469 of 2013]CIVIL APPEAL NO. 11869 OF 2014 [Arising out of SLP(C) No. 20529 of 2013]CIVIL APPEAL NO. 11872 OF 2014 [Arising out of SLP(C) No. 20830 of 2013]CIVIL APPEAL NO. 11874 OF 2014 [Arising out of SLP(C) No. 21492 of 2013]CIVIL APPEAL NO. 11877 OF 2014 [Arising out of SLP(C) No. 21554 of 2013]CIVIL APPEAL NO. 11880 OF 2014 [Arising out of SLP(C) No.36124 CC No. 3626 of 2014]CIVIL APPEAL NO. 11882 OF 2014 [Arising out of SLP(C) No.8103 of 2014]CIVIL APPEAL NO. 11886 OF 2014 [Arising out of SLP(C) No. 11704 of 2012] JUDGMENTJagdish Singh Khehar, J.1. Leave granted.2. All the private respondents in the present bunch of cases, weregiven monetary benefits, which were in excess of their entitlement.These benefits flowed to them, consequent upon a mistake committedby the concerned competent authority, in determining the emolumentspayable to them. The mistake could have occurred on account of a 6variety of reasons; including the grant of a status, which the concernedemployee was not entitled to; or payment of salary in a higher scale,than in consonance of the right of the concerned employee; or becauseof a wrongful fixation of salary of the employee, consequent upon the

upward revision of pay-scales; or for having been granted allowances,for which the concerned employee was not authorized. The long andshort of the matter is, that all the private respondents were beneficiariesof a mistake committed by the employer, and on account of the saidunintentional mistake, employees were in receipt of monetary benefits,beyond their due.3. Another essential factual component in this bunch of cases is, thatthe respondent-employees were not guilty of furnishing any incorrectinformation, which had led the concerned competent authority, to committhe mistake of making the higher payment to the employees. Thepayment of higher dues to the private respondents, in all these cases,was not on account of any misrepresentation made by them, nor was iton account of any fraud committed by them. Any participation of theprivate respondents, in the mistake committed by the employer, inextending the undeserved monetary benefits to therespondent-employees, is totally ruled out. It would therefore not beincorrect to record, that the private respondents, were as innocent as 7their employers, in the wrongful determination of their inflatedemoluments.4. The issue that we have been required to adjudicate is, whether allthe private respondents, against whom an order of recovery (of theexcess amount) has been made, should be exempted in law, from thereimbursement of the same to the employer. For the applicability of theinstant order, and the conclusions recorded by us hereinafter, theingredients depicted in the foregoing two paragraphs are essentiallyindispensable.5. Merely on account of the fact, that the release of these monetarybenefits was based on a mistaken belief at the hands of the employer,and further, because the employees had no role in the determination ofthe employer, could it be legally feasible, for the private respondents toassert, that they should be exempted from refunding the excess amountreceived by them? Insofar as the above issue is concerned, it isnecessary to keep in mind, that the following reference was made by aDivision Bench of two Judges of this Court, for consideration by a larger

Bench: "In view of an apparent difference of views expressed on the one hand in Shyam Babu Verma and Ors. vs. Union of India & Ors. (1994) 2 SCC 521 and Sahib Ram Verma vs. State of Haryana (1995) Supp. 1 SCC 18; and on the other hand in Chandi Prasad Uniyal and Ors. vs. State of Uttarakhand & Ors. (2012) 8 SCC 417, we are of the view that the remaining special leave petitions should be placed before a Bench of Three Judges. The Registry is accordingly directed to place the file of the 8 remaining special leave petitions before the Hon'ble the Chief Justice of India for taking instructions for the constitution of a Bench of three Judges, to adjudicate upon the present controversy." (emphasis is ours)The aforesaid reference was answered by a Division Bench of threeJudges on 8.7.2014. While disposing of the reference, the three-JudgeDivision Bench, recorded the following observations in paragraph 7: "7. In our considered view, the observations made by the Court not to recover the excess amount paid to the appellant-therein were in exercise of its extra-ordinary powers under Article 142 of the Constitution of India which vest the power in this Court to pass equitable orders in the ends of justice." (emphasis is ours)Having recorded the above observations, the reference was answeredas under: "12. Therefore, in our opinion, the decisions of the Court based on different scales of Article 136 and Article 142 of the Constitution of India cannot be best weighed on the same grounds of reasoning and thus in view of the aforesaid discussion, there is no conflict in the views expressed in the first two judgments and the latter judgment. 13. In that view of the above, we are of the considered opinion that reference was unnecessary. Therefore, without answering the reference, we send back the matters to the Division Bench for its appropriate disposal." (emphasis is ours)6. In view of the conclusions extracted hereinabove, it will be ourendeavour, to lay down the parameters of fact situations, whereinemployees, who are beneficiaries of wrongful monetary gains at thehands of the employer, may not be compelled to refund the same. In ourconsidered view, the instant benefit cannot extend to an employee 9merely on account of the fact, that he was not an accessory to themistake committed by the employer; or merely because the employeedid not furnish any factually incorrect information, on the basis whereofthe employer committed the mistake of paying the employee more thanwhat was rightfully due to him; or for that matter, merely because the

excessive payment was made to the employee, in absence of any fraudor misrepresentation at the behest of the employee.7. Having examined a number of judgments rendered by this Court,we are of the view, that orders passed by the employer seeking recoveryof monetary benefits wrongly extended to employees, can only beinterfered with, in cases where such recovery would result in a hardshipof a nature, which would far outweigh, the equitable balance of theemployer's right to recover. In other words, interference would be calledfor, only in such cases where, it would be iniquitous to recover thepayment made. In order to ascertain the parameters of the aboveconsideration, and the test to be applied, reference needs to be made tosituations when this Court exempted employees from such recovery,even in exercise of its jurisdiction under Article 142 of the Constitution ofIndia. Repeated exercise of such power, "for doing complete justice inany cause" would establish that the recovery being effected wasiniquitous, and therefore, arbitrary. And accordingly, the interference atthe hands of this Court. 108. As between two parties, if a determination is rendered in favour ofthe party, which is the weaker of the two, without any serious detrimentto the other (which is truly a welfare State), the issue resolved would bein consonance with the concept of justice, which is assured to thecitizens of India, even in the preamble of the Constitution of India. Theright to recover being pursued by the employer, will have to becompared, with the effect of the recovery on the concerned employee. Ifthe effect of the recovery from the concerned employee would be, moreunfair, more wrongful, more improper, and more unwarranted, than thecorresponding right of the employer to recover the amount, then it wouldbe iniquitous and arbitrary, to effect the recovery. In such a situation, theemployee's right would outbalance, and therefore eclipse, the right of theemployer to recover.9. The doctrine of equality is a dynamic and evolving concept havingmany dimensions. The embodiment of the doctrine of equality, can befound in Articles 14 to 18, contained in Part III of the Constitution of India,dealing with "Fundamental Rights". These Articles of the Constitution,

besides assuring equality before the law and equal protection of thelaws; also disallow, discrimination with the object of achieving equality, inmatters of employment; abolish untouchability, to upgrade the socialstatus of an ostracized section of the society; and extinguish titles, toscale down the status of a section of the society, with such appellations. 11The embodiment of the doctrine of equality, can also be found in Articles38, 39, 39A, 43 and 46 contained in Part IV of the Constitution of India,dealing with the "Directive Principles of State Policy". These Articles ofthe Constitution of India contain a mandate to the State requiring it toassure a social order providing justice - social, economic and political,by inter alia minimizing monetary inequalities, and by securing the rightto adequate means of livelihood, and by providing for adequate wagesso as to ensure, an appropriate standard of life, and by promotingeconomic interests of the weaker sections.10. In view of the afore-stated constitutional mandate, equity and goodconscience, in the matter of livelihood of the people of this country, hasto be the basis of all governmental actions. An action of the State,ordering a recovery from an employee, would be in order, so long as it isnot rendered iniquitous to the extent, that the action of recovery wouldbe more unfair, more wrongful, more improper, and more unwarranted,than the corresponding right of the employer, to recover the amount. Orin other words, till such time as the recovery would have a harsh andarbitrary effect on the employee, it would be permissible in law. Orderspassed in given situations repeatedly, even in exercise of the powervested in this Court under Article 142 of the Constitution of India, willdisclose the parameters of the realm of an action of recovery (of anexcess amount paid to an employee) which would breach the obligations 12of the State, to citizens of this country, and render the action arbitrary,and therefore, violative of the mandate contained in Article 14 of theConstitution of India.11. For the above determination, we shall refer to some precedents ofthis Court wherein the question of recovery of the excess amount paid toemployees, came up for consideration, and this Court disallowed thesame. These are situations, in which High Courts all over the country,

repeatedly and regularly set aside orders of recovery made on theexpressed parameters.(i). Reference may first of all be made to the decision in Syed AbdulQadir v. State of Bihar, (2009) 3 SCC 475, wherein this Court recordedthe following observation in paragraph 58: "58. The relief against recovery is granted by courts not because of any right in the employees, but in equity, exercising judicial discretion to relieve the employees from the hardship that will be caused if recovery is ordered. But, if in a given case, it is proved that the employee had knowledge that the payment received was in excess of what was due or wrongly paid, or in cases where the error is detected or corrected within a short time of wrong payment, the matter being in the realm of judicial discretion, courts may, on the facts and circumstances of any particular case, order for recovery of the amount paid in excess. See Sahib Ram v. State of Haryana, 1995 Supp. (1) SCC 18, Shyam Babu Verma v. Union of India, (1994) 2 SCC 521, Union of India v. M. Bhaskar, (1996) 4 SCC 416, V. Ganga Ram v. Director, (1997) 6 SCC 139, Col. B.J. Akkara (Retd.) v. Govt. of India, (2006) 11 SCC 709, Purshottam Lal Das v. State of Bihar, (2006) 11 SCC 492, Punjab National Bank v. Manjeet Singh, (2006) 8 SCC 647 and Bihar SEB v. Bijay Bahadur, (2000) 10 SCC 99." (emphasis is ours) 13First and foremost, it is pertinent to note, that this Court in its judgment inSyed Abdul Qadir's case (supra) recognized, that the issue of recoveryrevolved on the action being iniquitous. Dealing with the subject of theaction being iniquitous, it was sought to be concluded, that when theexcess unauthorised payment is detected within a short period of time, itwould be open for the employer to recover the same. Conversely, if thepayment had been made for a long duration of time, it would beiniquitous to make any recovery. Interference because an action isiniquitous, must really be perceived as, interference because the actionis arbitrary. All arbitrary actions are truly, actions in violation of Article 14of the Constitution of India. The logic of the action in the instantsituation, is iniquitous, or arbitrary, or violative of Article 14 of theConstitution of India, because it would be almost impossible for anemployee to bear the financial burden, of a refund of payment receivedwrongfully for a long span of time. It is apparent, that a governmentemployee is primarily dependent on his wages, and if a deduction is tobe made from his/her wages, it should not be a deduction which wouldmake it difficult for the employee to provide for the needs of his family.Besides food, clothing and shelter, an employee has to cater, not only to

the education needs of those dependent upon him, but also their medicalrequirements, and a variety of sundry expenses. Based on the aboveconsideration, we are of the view, that if the mistake of making a 14wrongful payment is detected within five years, it would be open to theemployer to recover the same. However, if the payment is made for aperiod in excess of five years, even though it would be open to theemployer to correct the mistake, it would be extremely iniquitous andarbitrary to seek a refund of the payments mistakenly made to theemployee. In this context, reference may also be made to the decisionrendered by this Court in Shyam Babu Verma v. Union of India (1994) 2SCC 521, wherein this Court observed as under: "11. Although we have held that the petitioners were entitled only to the pay scale of Rs 330-480 in terms of the recommendations of the Third Pay Commission w.e.f. January 1, 1973 and only after the period of 10 years, they became entitled to the pay scale of Rs 330-560 but as they have received the scale of Rs 330-560 since 1973 due to no fault of theirs and that scale is being reduced in the year 1984 with effect from January 1, 1973, it shall only be just and proper not to recover any excess amount which has already been paid to them. Accordingly, we direct that no steps should be taken to recover or to adjust any excess amount paid to the petitioners due to the fault of the respondents, the petitioners being in no way responsible for the same." (emphasis is ours)It is apparent, that in Shyam Babu Verma's case (supra), the higherpay-scale commenced to be paid erroneously in 1973. The same wassought to be recovered in 1984, i.e., after a period of 11 years. In theaforesaid circumstances, this Court felt that the recovery after severalyears of the implementation of the pay-scale would not be just andproper. We therefore hereby hold, recovery of excess paymentsdiscovered after five years would be iniquitous and arbitrary, and assuch, violative of Article 14 of the Constitution of India. 15(ii). Examining a similar proposition, this Court in Col. B.J. Akkara v.Government of India, (2006) 11 SCC 709, observed as under: "28. Such relief, restraining back recovery of excess payment, is granted by courts not because of any right in the employees, but in equity, in exercise of judicial discretion to relieve the employees from the hardship that will be caused if recovery is implemented. A government servant, particularly one in the lower rungs of service would spend whatever emoluments he receives for the upkeep of his family. If he receives an excess payment for a long period, he would spend it, genuinely believing that he is entitled to it. As any subsequent action to recover the excess payment will cause undue hardship to him, relief is granted in that behalf. But where the employee had knowledge that the payment received was in excess

of what was due or wrongly paid, or where the error is detected or corrected within a short time of wrong payment, courts will not grant relief against recovery. The matter being in the realm of judicial discretion, courts may on the facts and circumstances of any particular case refuse to grant such relief against recovery." (emphasis is ours)A perusal of the aforesaid observations made by this Court in Col. B.J.Akkara's case (supra) reveals a reiteration of the legal position recordedin the earlier judgments rendered by this Court, inasmuch as, it wasagain affirmed, that the right to recover would be sustainable so long asthe same was not iniquitous or arbitrary. In the observation extractedabove, this Court also recorded, that recovery from employees in lowerrung of service, would result in extreme hardship to them. The apparentexplanation for the aforesaid conclusion is, that employees in lower rungof service would spend their entire earnings in the upkeep and welfare oftheir family, and if such excess payment is allowed to be recovered fromthem, it would cause them far more hardship, than the reciprocal gains tothe employer. We are therefore satisfied in concluding, that such 16recovery from employees belonging to the lower rungs (i.e., Class-III andClass-IV - sometimes denoted as Group `C' and Group `D') of service,should not be subjected to the ordeal of any recovery, even though theywere beneficiaries of receiving higher emoluments, than were due tothem. Such recovery would be iniquitous and arbitrary and thereforewould also breach the mandate contained in Article 14 of the Constitutionof India.(iii). This Court in Syed Abdul Qadir v. State of Bihar (supra) held asfollows: "59. Undoubtedly, the excess amount that has been paid to the appellant teachers was not because of any misrepresentation or fraud on their part and the appellants also had no knowledge that the amount that was being paid to them was more than what they were entitled to. It would not be out of place to mention here that the Finance Department had, in its counter-affidavit, admitted that it was a bona fide mistake on their part. The excess payment made was the result of wrong interpretation of the Rule that was applicable to them, for which the appellants cannot be held responsible. Rather, the whole confusion was because of inaction, negligence and carelessness of the officials concerned of the Government of Bihar. Learned counsel appearing on behalf of the appellant teachers submitted that majority of the beneficiaries have either retired or are on the verge of it. Keeping in view the peculiar facts and circumstances of the case at hand and to avoid any hardship to the appellant teachers, we are of the view that no recovery of the amount that has been paid in excess to the appellant teachers should be made." (emphasis is ours)

Premised on the legal proposition considered above, namely, whether onthe touchstone of equity and arbitrariness, the extract of the judgmentreproduced above, culls out yet another consideration, which wouldmake the process of recovery iniquitous and arbitrary. It is apparent from 17the conclusions drawn in Syed Abdul Qadir's case (supra), that recoveryof excess payments, made from employees who have retired fromservice, or are close to their retirement, would entail extremely harshconsequences outweighing the monetary gains by the employer. Itcannot be forgotten, that a retired employee or an employee about toretire, is a class apart from those who have sufficient service to theircredit, before their retirement. Needless to mention, that at retirement,an employee is past his youth, his needs are far in excess of what theywere when he was younger. Despite that, his earnings havesubstantially dwindled (or would substantially be reduced on hisretirement). Keeping the aforesaid circumstances in mind, we aresatisfied that recovery would be iniquitous and arbitrary, if it is sought tobe made after the date of retirement, or soon before retirement. A periodwithin one year from the date of superannuation, in our considered view,should be accepted as the period during which the recovery should betreated as iniquitous. Therefore, it would be justified to treat an order ofrecovery, on account of wrongful payment made to an employee, asarbitrary, if the recovery is sought to be made after the employee'sretirement, or within one year of the date of his retirement onsuperannuation. 18(iv). Last of all, reference may be made to the decision in Sahib RamVerma v. Union of India, (1995) Supp. 1 SCC 18, wherein it wasconcluded as under: "4. Mr. Prem Malhotra, learned counsel for the appellant, contended that the previous scale of Rs 220-550 to which the appellant was entitled became Rs 700-1600 since the appellant had been granted that scale of pay in relaxation of the educational qualification. The High Court was, therefore, not right in dismissing the writ petition. We do not find any force in this contention. It is seen that the Government in consultation with the University Grants Commission had revised the pay scale of a Librarian working in the colleges to Rs 700-1600 but they insisted upon the minimum educational qualification of first or second class M.A., M.Sc., M.Com. plus a first or second class B.Lib. Science or a Diploma in Library Science. The relaxation given was only as

regards obtaining first or second class in the prescribed educational qualification but not relaxation in the educational qualification itself. 5. Admittedly the appellant does not possess the required educational qualifications. Under the circumstances the appellant would not be entitled to the relaxation. The Principal erred in granting him the relaxation. Since the date of relaxation the appellant had been paid his salary on the revised scale. However, it is not on account of any misrepresentation made by the appellant that the benefit of the higher pay scale was given to him but by wrong construction made by the Principal for which the appellant cannot be held to be at fault. Under the circumstances the amount paid till date may not be recovered from the appellant. The principle of equal pay for equal work would not apply to the scales prescribed by the University Grants Commission. The appeal is allowed partly without any order as to costs." (emphasis is ours)It would be pertinent to mention, that Librarians were equated withLecturers, for the grant of the pay scale of Rs.700-1600. The above payparity would extend to Librarians, subject to the condition that theypossessed the prescribed minimum educational qualification (first orsecond class M.A., M.Sc., M.Com. plus a first or second class B.Lib. 19Science or a Diploma in Library Science, the degree of M.Lib. Sciencebeing a preferential qualification). For those Librarians appointed prior to3.12.1972, the educational qualifications were relaxed. In Sahib RamVerma's case (supra), a mistake was committed by wrongly extending tothe appellants the revised pay scale, by relaxing the prescribededucational qualifications, even though the concerned appellants wereineligible for the same. The concerned appellants were held not eligiblefor the higher scale, by applying the principle of "equal pay for equalwork". This Court, in the above circumstances, did not allow therecovery of the excess payment. This was apparently done because thisCourt felt that the employees were entitled to wages, for the post againstwhich they had discharged their duties. In the above view of the matter,we are of the opinion, that it would be iniquitous and arbitrary for anemployer to require an employee to refund the wages of a higher post,against which he had wrongfully been permitted to work, though heshould have rightfully been required to work against an inferior post.12. It is not possible to postulate all situations of hardship, which wouldgovern employees on the issue of recovery, where payments havemistakenly been made by the employer, in excess of their entitlement.Be that as it may, based on the decisions referred to herein above, we

may, as a ready reference, summarise the following few situations,wherein recoveries by the employers, would be impermissible in law: 20(i) Recovery from employees belonging to Class-III and Class-IV service (or Group `C' and Group `D' service).(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover.13. We are informed by the learned counsel representing theappellant-State of Punjab, that all the cases in this bunch of appeals,would undisputedly fall within the first four categories delineatedhereinabove. In the appeals referred to above, therefore, the impugnedorders passed by the High Court of Punjab and Haryana (quashing theorder of recovery), shall be deemed to have been upheld, for thereasons recorded above. 2114. The appeals are disposed of in the above terms. .......................................J. (Jagdish Singh Khehar) .......................................J. (Arun Mishra)New Delhi;December 18, 2014. 22ITEM NO.1C COURT NO.5 SECTION IVB(For Judgment) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

C.A.No.11527/2014 @ Petition(s) for Special Leave to Appeal (C)No(s).11684/2012STATE OF PUNJAB & ORS. Appellant(s) VERSUSRAFIQ MASIH (WHITE WASHER) ETC. Respondent(s) WITH CIVIL APPEAL NO. 11528 OF 2014 [Arising out of SLP(C) No 35892 CC No. 14663 of 2010] CIVIL APPEAL NO. 11530 OF 2014 [Arising out of SLP(C) No.35914 .CC No. 20144 of 2010] CIVIL APPEAL NO. 11531 OF 2014 [Arising out of SLP(C) No. 35916 CC No. 9303 of 2011] CIVIL APPEAL NO. 11532 OF 2014 [Arising out of SLP(C) No. 35917 CC No. 15876 of 2011] CIVIL APPEAL NO. 11533 OF 2014 [Arising out of SLP(C) No. 35919 CC No. 16190 of 2011] CIVIL APPEAL NO. 11534 OF 2014 [Arising out of SLP(C) No. 35920 CC No. 16303 of 2011] CIVIL APPEAL NO. 11535 OF 2014 [Arising out of SLP(C) No. 35921 CC No. 16309 of 2011] CIVIL APPEAL NO. 11536 OF 2014 [Arising out of SLP(C) No. 35923 CC No. 16325 of 2011] CIVIL APPEAL NO. 11537 OF 2014 [Arising out of SLP(C) No.35924 CC No. 16326 of 2011] CIVIL APPEAL NO.11538 OF 2014 [Arising out of SLP(C) No.35927 CC No. 16327 of 2011] CIVIL APPEAL NO. 11539 OF 2014 [Arising out of SLP(C) No.35928 CC No. 16350 of 2011] CIVIL APPEAL NO. 11540 OF 2014 [Arising out of SLP(C) No. 35930 CC No. 16548 of 2011] CIVIL APPEAL NO. 11541 OF 2014 [Arising out of SLP(C) No.35931 CC No. 16580 of 2011] CIVIL APPEAL NO. 11542 OF 2014 [Arising out of SLP(C) No.35932 CC No. 16582 of 2011] CIVIL APPEAL NO. 11543 OF 2014 [Arising out of SLP(C) No.35936 CC No. 16594 of 2011] CIVIL APPEAL NO. 11544 OF 2014 [Arising out of SLP(C) No. 35940 CC No. 16723 of 2011] CIVIL APPEAL NO. 11545 OF 2014 [Arising out of SLP(C) No. 35941 CC No. 16850 of 2011] CIVIL APPEAL NO. 11546 OF 2014 [Arising out of SLP(C) No. 35943 CC No. 16904 of 2011] CIVIL APPEAL NO. 11547 OF 2014 [Arising out of SLP(C) No. 35944 CC No. 17192 of 2011] CIVIL APPEAL NO. 11548 OF 2014 [Arising out of SLP(C) No. 35945 CC No. 17193 of 2011] CIVIL APPEAL NO. 11549 OF 2014 [Arising out of SLP(C) No.35948 CC No. 17201 of 2011] CIVIL APPEAL NO. 11550 OF 2014 [Arising out of SLP(C) No. 35949 CC No. 17204 of 2011] CIVIL APPEAL NO. 11551 OF 2014 [Arising out of SLP(C) No. 35951 CC No. 17388 of 2011] CIVIL APPEAL NO. 11552 OF 2014 [Arising out of SLP(C) No. 35952 CC No. 17507 of 2011] CIVIL APPEAL NO. 11553 OF 2014 [Arising out of SLP(C) No. 35954 CC No. 17508 of 2011] CIVIL APPEAL NO. 11554 OF 2014 [Arising out of SLP(C) No. 35955 CC No. 17534 of 2011] CIVIL APPEAL NO. 11555 OF 2014 [Arising out of SLP(C) No. 35956 CC No.17709 of 2011] CIVIL APPEAL NO. 11556 OF 2014 [Arising out of SLP(C) No. 35957 CC No.17711 of 2011] CIVIL APPEAL NO. 11557 OF 2014 [Arising out of SLP(C) No. 35958 CC No.17735 of 2011] CIVIL APPEAL NO. 11558 OF 2014 [Arising out of SLP(C) No. 35959 CC No. 17798 of 2011] CIVIL APPEAL NO. 11559 OF 2014 [Arising out of SLP(C) No. 35960 CC No.17835 of 2011] CIVIL APPEAL NO. 11560 OF 2014 [Arising out of SLP(C) No. 35961 CC No. 17846 of 2011] CIVIL APPEAL NO. 11561 OF 2014 [Arising out of SLP(C) No. 35962 CC No. 17888 of 2011] CIVIL APPEAL NO. 11562 OF 2014 [Arising out of SLP(C) No. 35963 CC No. 18227 of 2011] CIVIL APPEAL NO. 11563 OF 2014 [Arising out of SLP(C) No.35964 CC No. 18261 of 2011] CIVIL APPEAL NO. 11564 OF 2014 [Arising out of SLP(C) No.35965 CC No. 18286 of 2011] CIVIL APPEAL NO. 11565 OF 2014 [Arising out of SLP(C) No. 35967 CC No.18310 of 2011] CIVIL APPEAL NO.11566 OF 2014 [Arising out of SLP(C) No.35968 CC No.18312 of 2011] CIVIL APPEAL NO. 11567 OF 2014 [Arising out of SLP(C) No. 35969 CC No. 18337 of 2011] 23CIVIL APPEAL NO. 11568 OF 2014 [Arising out of SLP(C) No. 35971 CC No. 18423 of 2011]CIVIL APPEAL NO. 11569 OF 2014 [Arising out of SLP(C) No. 35972 CC No. 18524 of 2011]CIVIL APPEAL NO. 11570 OF 2014 [Arising out of SLP(C) No. 35973 CC No. 18525 of 2011]CIVIL APPEAL NO. 11571 OF 2014 [Arising out of SLP(C) No. 35975 CC No. 18526 of 2011]CIVIL APPEAL NO. 11572 OF 2014 [Arising out of SLP(C) No.35976 CC No.18527 of 2011]CIVIL APPEAL NO. 11573 OF 2014 [Arising out of SLP(C) No. 35977 CC No.18535 of 2011]CIVIL APPEAL NO. 11575 OF 2014 [Arising out of SLP(C) No. 35980 CC No.18536 of 2011]CIVIL APPEAL NO. 11574 OF 2014 [Arising out of SLP(C) No. 35979 CC No.18628 of 2011]CIVIL APPEAL NO. 11576 OF 2014 [Arising out of SLP(C) No. 35981 CC No.18630 of 2011]CIVIL APPEAL NO. 11577 OF 2014 [Arising out of SLP(C) No. 35982 CC No.18767 of 2011]CIVIL APPEAL NO. 11578 OF 2014 [Arising out of SLP(C) No. 35983 CC No. 18769 of 2011]CIVIL APPEAL NO. 11579 OF 2014 [Arising out of SLP(C) No. 35984 CC No.18784 of 2011]CIVIL APPEAL NO. 11580 OF 2014 [Arising out of SLP(C) No. 35985 CC No.18796 of 2011]CIVIL APPEAL NO. 11581 OF 2014 [Arising out of SLP(C) No.35986 CC No.18802 of 2011]CIVIL APPEAL NO. 11582 OF 2014 [Arising out of SLP(C) No. 35987 CC No.18805 of 2011]CIVIL APPEAL NO. 11583 OF 2014 [Arising out of SLP(C) No. 35989 CC No. 18834 of 2011]CIVIL APPEAL NO. 11584 OF 2014 [rising out of SLP(C) No. 35990 CC No. 18857 of 2011]CIVIL APPEAL NO. 11585 OF 2014 [Arising out of SLP(C) No.35991 CC No.18960 of 2011]

CIVIL APPEAL NO. 11586 OF 2014 [Arising out of SLP(C) No. 35993 CC No. 19116 of 2011]CIVIL APPEAL NO. 11587 OF 2014 [Arising out of SLP(C) No. 35994 CC No. 19236 of 2011]CIVIL APPEAL NO. 11588 OF 2014 [Arising out of SLP(C) No. 35995 CC No. 19527 of 2011]CIVIL APPEAL NO. 11589 OF 2014 [Arising out of SLP(C) No. 35996 CC No. 19552 of 2011]CIVIL APPEAL NO. 11590 OF 2014 [Arising out of SLP(C) No. 35997 CC No. 19556 of 2011]CIVIL APPEAL NO. 11591 OF 2014 [Arising out of SLP(C) No. 35999 CC No.19580 of 2011]CIVIL APPEAL NO. 11593 OF 2014 [Arising out of SLP(C) No. 36000 CC No. 19590 of 2011]CIVIL APPEAL NO. 11594 OF 2014 [Arising out of SLP(C) No. 36001 CC No.19594 of 2011]CIVIL APPEAL NO. 11595 OF 2014 [Arising out of SLP(C) No. 36002 CC No. 19597 of 2011]CIVIL APPEAL NO. 11596 OF 2014 [Arising out of SLP(C) No. 36003 CC No.19599 of 2011]CIVIL APPEAL NO. 11597 OF 2014 [Arising out of SLP(C) No.36004 CC No.19601 of 2011]CIVIL APPEAL NO. 11598 OF 2014 [Arising out of SLP(C) No. 36005 CC No.19663 of 2011]CIVIL APPEAL NO. 11599 OF 2014 [Arising out of SLP(C) No. 36007 CC No. 19727 of 2011]CIVIL APPEAL NO. 11600 OF 2014 [Arising out of SLP(C) No. 36008 CC No. 19837 of 2011]CIVIL APPEAL NO. 11601 OF 2014 [Arising out of SLP(C) No. 36010 CC No.19864 of 2011]CIVIL APPEAL NO. 11602 OF 2014 [Arising out of SLP(C) No. 36011 CC No. 20022 of 2011]CIVIL APPEAL NO. 11603 OF 2014 [Arising out of SLP(C) No. 36012 CC No. 20024 of 2011]CIVIL APPEAL NO. 11605 OF 2014 [Arising out of SLP(C) No. 36014 CC No. 20048 of 2011]CIVIL APPEAL NO. 11606 OF 2014 [Arising out of SLP(C) No. 36015 CC No.20291 of 2011]CIVIL APPEAL NO. 11607 OF 2014 [Arising out of SLP(C) No. 36016 CC No.20454 of 2011]CIVIL APPEAL NO. 11608 OF 2014 [Arising out of SLP(C) No. 36018 CC No.20794 of 2011]CIVIL APPEAL NO. 11609 OF 2014 [Arising out of SLP(C) No.36019 CC No.20891 of 2011]CIVIL APPEAL NO. 11610 OF 2014 [Arising out of SLP(C) No. 36022 CC No.21915 of 2011]CIVIL APPEAL NO. 11611 OF 2014 [Arising out of SLP(C) No. 36024 CC No. 22255 of 2011]CIVIL APPEAL NO. 11612 OF 2014 [Arising out of SLP(C) No. 36026 CC No.22256 of 2011]CIVIL APPEAL NO. 11613 OF 2014 [Arising out of SLP(C) No. 36027 CC No.22257 of 2011]CIVIL APPEAL NO. 11614 OF 2014 [Arising out of SLP(C) No. 30473 of 2011]CIVIL APPEAL NO. 11615 OF 2014 [Arising out of SLP(C) No. 33651 of 2011]CIVIL APPEAL NO. 11616 OF 2014 [Arising out of SLP(C) No. 35876 of 2011]CIVIL APPEAL NO. 11617 OF 2014 [Arising out of SLP(C) No. 36029 CC No. 133 of 2012]CIVIL APPEAL NO. 11618 OF 2014 [Arising out of SLP(C) No. 36030 CC No. 178 of 2012]CIVIL APPEAL NO. 11619 OF 2014 [Arising out of SLP(C) No. 36031 CC No. 434 of 2012]CIVIL APPEAL NO. 11620 OF 2014 [Arising out of SLP(C) No. 36032 CC No. 887 of 2012]CIVIL APPEAL NO. 11621 OF 2014 [Arising out of SLP(C) No. 36033 CC No. 1147 of 2012]CIVIL APPEAL NO. 11622 OF 2014 [Arising out of SLP(C) No.36034 CC No. 1166 of 2012]CIVIL APPEAL NO. 11623 OF 2014 [Arising out of SLP(C) No. 36036 CC No. 1168 of 2012]CIVIL APPEAL NO. 11624 OF 2014 [Arising out of SLP(C) No. 36037 CC No. 1188 of 2012]CIVIL APPEAL NO. 11625 OF 2014 [Arising out of SLP(C) No. 36038 CC No. 1200 of 2012]CIVIL APPEAL NO. 11626 OF 2014 [Arising out of SLP(C) No. 36039 CC No. 1291 of 2012] 24CIVIL APPEAL NO. 11627 OF 2014 [Arising out of SLP(C) No. 36040 CC No. 1303 of 2012]CIVIL APPEAL NO. 11628 OF 2014 [Arising out of SLP(C) No. 36042 CC No. 1306 of 2012]CIVIL APPEAL NO. 11629 OF 2014 [Arising out of SLP(C) No.36043 CC No. 1391 of 2012]CIVIL APPEAL NO. 11630 OF 2014 [Arising out of SLP(C) No. 36044 C No. 1596 of 2012]CIVIL APPEAL NO. 11631 OF 2014 [Arising out of SLP(C) No. 36045 CC No. 1637 of 2012]CIVIL APPEAL NO. 11632 OF 2014 [Arising out of SLP(C) No.36046 CC No. 1644 of 2012]CIVIL APPEAL NO. 11633 OF 2014 [Arising out of SLP(C) No. 36047 CC No. 1653 of 2012]CIVIL APPEAL NO. 11636 OF 2014 [Arising out of SLP(C) No. 36048 CC No. 1657 of 2012]CIVIL APPEAL NO. 11637 OF 2014 [Arising out of SLP(C) No. 36049 CC No. 1739 of 2012]CIVIL APPEAL NO. 11638 OF 2014 [Arising out of SLP(C) No. 36051 CC No. 1864 of 2012]CIVIL APPEAL NO. 11639 OF 2014 [Arising out of SLP(C) No. 36052 CC No. 1869 of 2012]CIVIL APPEAL NO. 11640 OF 2014 [Arising out of SLP(C) No. 36053 CC No. 1928 of 2012]CIVIL APPEAL NO. 11641 OF 2014 [Arising out of SLP(C) No. 36054 CC No. 1935 of 2012]CIVIL APPEAL NO. 11642 OF 2014 [Arising out of SLP(C) No. 36055 CC No. 2209 of 2012]CIVIL APPEAL NO. 11643 OF 2014 [Arising out of SLP(C) No. 36056 CC No. 2798 of 2012]CIVIL APPEAL NO. 11644 OF 2014 [Arising out of SLP(C) No. 36058 CC No. 2818 of 2012]CIVIL APPEAL NO. 11645 OF 2014 [Arising out of SLP(C) No. 36059 CC No. 2821 of 2012]CIVIL APPEAL NO. 11646 OF 2014 [Arising out of SLP(C) No.36062 CC No. 2832 of 2012]CIVIL APPEAL NO. 11647 OF 2014 [Arising out of SLP(C) No. 4822 of 2012]CIVIL APPEAL NO. 11648 OF 2014 [Arising out of SLP(C) No. 36063 CC No. 6093 of 2012]CIVIL APPEAL NO. 11649 OF 2014 [Arising out of SLP(C) No. 36065 CC No. 6483 of 2012]CIVIL APPEAL NO. 11650 OF 2014 [Arising out of SLP(C) No. 36067 CC No. 6604 of 2012]CIVIL APPEAL NOS.11651-52 OF 2014 [Arising out of SLP(C) Nos36068-69 CC Nos.6632-66332012]CIVIL APPEAL NO. 11653 OF 2014 [Arising out of SLP(C) No.36070 CC No. 6659 of 2012]CIVIL APPEAL NO. 11654 OF 2014 [Arising out of SLP(C) No. 6692 of 2012]CIVIL APPEAL NO. 11655 OF 2014 [Arising out of SLP(C) No. 36071 CC No. 6800 of 2012]CIVIL APPEAL NO. 11656 OF 2014 [Arising out of SLP(C) No. 36072 CC No. 6829 of 2012]

CIVIL APPEAL NO. 11657 OF 2014 [Arising out of SLP(C) No. 36073 CC No. 10109 of 2012]CIVIL APPEAL NO. 11658 OF 2014 [Arising out of SLP(C) No. 11690 of 2012]CIVIL APPEAL NO. 11659 OF 2014 [Arising out of SLP(C) No. 11693 of 2012]CIVIL APPEAL NO. 11660 OF 2014 [Arising out of SLP(C) No.11694 of 2012]CIVIL APPEAL NO. 11661 OF 2014 [Arising out of SLP(C) No. 11697 of 2012]CIVIL APPEAL NO. 11662 OF 2014 [Arising out of SLP(C) No. 11699 of 2012]CIVIL APPEAL NO. 11663 OF 2014 [Arising out of SLP(C) No. 11702 of 2012]CIVIL APPEAL NO. 11664 OF 2014 [Arising out of SLP(C) No. 11703 of 2012]CIVIL APPEAL NO. 11665 OF 2014 [Arising out of SLP(C) No. 11705 of 2012]CIVIL APPEAL NO. 11666 OF 2014 [Arising out of SLP(C) No. 11706 of 2012]CIVIL APPEAL NO. 11667 OF 2014 [Arising out of SLP(C) No. 11707 of 2012]CIVIL APPEAL NO. 11668 OF 2014 [Arising out of SLP(C) No. 11709 of 2012]CIVIL APPEAL NO. 11669 OF 2014 [Arising out of SLP(C) No. 11710 of 2012]CIVIL APPEAL NO. 11670 OF 2014 [Arising out of SLP(C) No. 11712 of 2012]CIVIL APPEAL NO. 11671 OF 2014 [Arising out of SLP(C) No.36086 CC No. 12769 of 2012]CIVIL APPEAL NO. 11672 OF 2014 [Arising out of SLP(C) No. 36089 CC No. 13044 of 2012]CIVIL APPEAL NO. 11673 OF 2014 [Arising out of SLP(C) No. 36091 CC No. 13114 of 2012]CIVIL APPEAL NO. 11674 OF 2014 [Arising out of SLP(C) No. 36092 CC No. 13300 of 2012]CIVIL APPEAL NO. 11675 OF 2014 [Arising out of SLP(C) No. 26306 of 2012]CIVIL APPEAL NO. 11676 OF 2014 [Arising out of SLP(C) No. 26307 of 2012]CIVIL APPEAL NO. 11677 OF 2014 [Arising out of SLP(C) No. 26308 of 2012]CIVIL APPEAL NO. 11678 OF 2014 [Arising out of SLP(C) No. 26386 of 2012]CIVIL APPEAL NO. 11679 OF 2014 [Arising out of SLP(C) No. 26388 of 2012]CIVIL APPEAL NO. 11680 OF 2014 [Arising out of SLP(C) No. 26389 of 2012]CIVIL APPEAL NO. 11681 OF 2014 [Arising out of SLP(C) No. 26391 of 2012]CIVIL APPEAL NO. 11682 OF 2014 [Arising out of SLP(C) No. 28655 of 2012]CIVIL APPEAL NO. 11683 OF 2014 [Arising out of SLP(C) No. 28812 of 2012]CIVIL APPEAL NO. 11684 OF 2014 [Arising out of SLP(C) No. 28813 of 2012]CIVIL APPEAL NO. 11685 OF 2014 [Arising out of SLP(C) No. 28814 of 2012] 25CIVIL APPEAL NO. 11686 OF 2014 [Arising out of SLP(C) No. 28815 of 2012]CIVIL APPEAL NO. 11687 OF 2014 [Arising out of SLP(C) No. 28816 of 2012]CIVIL APPEAL NO. 11688 OF 2014 [Arising out of SLP(C) No. 28817 of 2012]CIVIL APPEAL NO. 11689 OF 2014 [Arising out of SLP(C) No. 28818 of 2012]CIVIL APPEAL NO. 11713 OF 2014 (Arising out of SLP(C) No. 28819 of 2012]CIVIL APPEAL NO. 11717 OF 2014 [Arising out of SLP(C) No. 28823 of 2012]CIVIL APPEAL NO. 11720 OF 2014 [Arising out of SLP(C) No. 28824 of 2012]CIVIL APPEAL NO. 11721 OF 2014 [Arising out of SLP(C) No. 28825 of 2012]CIVIL APPEAL NO. 11723 OF 2014 [Arising out of SLP(C) No. 28827 of 2012]CIVIL APPEAL NO. 11724 OF 2014 [Arising out of SLP(C) No. 28828 of 2012]CIVIL APPEAL NO. 11727 OF 2014 [Arising out of SLP(C) No. 28829 of 2012]CIVIL APPEAL NO. 11729 OF 2014 [Arising out of SLP(C) No. 30246 of 2012]CIVIL APPEAL NO. 11731 OF 2014 [Arising out of SLP(C) No. 30751 of 2012]CIVIL APPEAL NO. 11735 OF 2014 [Arising out of SLP(C) No. 33343 of 2012]CIVIL APPEAL NO. 11741 OF 2014 [Arising out of SLP(C) No. 33345 of 2012]CIVIL APPEAL NO. 11743 OF 2014 [Arising out of SLP(C) No. 33347 of 2012]CIVIL APPEAL NO. 11744 OF 2014 [Arising out of SLP(C) No. 33348 of 2012]CIVIL APPEAL NO. 11752 OF 2014 [Arising out of SLP(C) No. 33350 of 2012]CIVIL APPEAL NO. 11754 OF 2014 [Arising out of SLP(C) No. 33352 of 2012]CIVIL APPEAL NO. 11755 OF 2014 [Arising out of SLP(C) No. 33353 of 2012]CIVIL APPEAL NO. 11770 OF 2014 [Arising out of SLP(C) No. 33354 of 2012]CIVIL APPEAL NO. 11772 OF 2014 [Arising out of SLP(C) No. 33356 of 2012]CIVIL APPEAL NO. 11773 OF 201 4 [Arising out of SLP(C) No. 35328 of 2012]CIVIL APPEAL NO. 11790 OF 2014 [Arising out of SLP(C) No. 37149 of 2012]CIVIL APPEAL NO. 11791 OF 2014 [Arising out of SLP(C) No. 37151 of 2012]CIVIL APPEAL NO. 11794 OF 2014 [Arising out of SLP(C) No. 37152 of 2012]CIVIL APPEAL NO. 11795 OF 2014 (Arising out of SLP(C) No. 37153 of 2012]CIVIL APPEAL NO. 11798 OF 2014 [Arising out of SLP(C) No. 37154 of 2012]CIVIL APPEAL NO. 11800 OF 2014 [Arising out of SLP(C) No. 39202 of 2012]CIVIL APPEAL NO. 11802 OF 2014 [Arising out of SLP(C) No. 519 of 2013]CIVIL APPEAL NO. 11806 OF 2014 [Arising out of SLP(C) No. 523 of 2013]CIVIL APPEAL NO. 11807 OF 2014 [Arising out of SLP(C) No. 524 of 2013]CIVIL APPEAL NO. 11810 OF 2014 [Arising out of SLP(C) No. 36111 CC No. 2335 of 2013]CIVIL APPEAL NO. 11812 OF 2014 [Arising out of SLP(C) No. 5751 of 2013]CIVIL APPEAL NO. 11814 OF 2014 [Arising out of SLP(C) No. 5753 of 2013]CIVIL APPEAL NO. 11816 OF 2014 [Arising out of SLP(C) No. 5765 of 2013]CIVIL APPEAL NO. 11818 OF 2014 [Arising out of SLP(C) No. 5810 of 2013]CIVIL APPEAL NO. 11819 OF 2014 [Arising out of SLP(C) No. 5821 of 2013]

CIVIL APPEAL NO. 11821 OF 2014 [Arising out of SLP(C) No. 5838 of 2013]CIVIL APPEAL NO. 11836 OF 2014 [Arising out of SLP(C) No. 36112 CC No.6861 of 2013]CIVIL APPEAL NO. 11837 OF 2014 [Arising out of SLP(C) No. 9907 of 2013]CIVIL APPEAL NO. 11838 OF 2014 [Arising out of SLP(C) No. 9909 of 2013]CIVIL APPEAL NO. 11839 OF 2014 [Arising out of SLP(C) No. 9911 of 2013]CIVIL APPEAL NO. 11840 OF 2014 [Arising out of SLP(C) No. 9912 of 2013]CIVIL APPEAL NO. 11841 OF 2014 [Arising out of SLP(C) No. 9913 of 2013]CIVIL APPEAL NO. 11842 OF 2014 [Arising out of SLP(C) No. 9914 of 2013]CIVIL APPEAL NO. 11843 OF 2014 [Arising out of SLP(C) No. 9915 of 2013]CIVIL APPEAL NO. 11844 OF 2014 [Arising out of SLP(C) No. 9916 of 2013]CIVIL APPEAL NO. 11845 OF 2014 [Arising out of SLP(C) No. 9918 of 2013]CIVIL APPEAL NO. 11846 OF 2014 [Arising out of SLP(C) No. 10927 of 2013]CIVIL APPEAL NO. 11848 OF 2014 [Arising out of SLP(C) No. 10928 of 2013]CIVIL APPEAL NO. 11850 OF 2014 [Arising out of SLP(C) No. 10929 of 2013]CIVIL APPEAL NO. 11853 OF 2014 [Arising out of SLP(C) No. 10930 of 2013]CIVIL APPEAL NO. 11854 OF 2014 [Arising out of SLP(C) No. 10931 of 2013]CIVIL APPEAL NO. 11857 OF 2014 [Arising out of SLP(C) No. 10933 of 2013]CIVIL APPEAL NO. 11859 OF 2014 [Arising out of SLP(C) No. 10934 of 2013]CIVIL APPEAL NO. 11861 OF 2014 (Arising out of SLP(C) No. 10935 of 2013] 26 CIVIL APPEAL NO. 11863 OF 2014 [Arising out of SLP(C) No. 10936 of 2013] CIVIL APPEAL NO. 11864 OF 2014 [Arising out of SLP(C) No. 10938 of 2013] CIVIL APPEAL NO. 11866 OF 2014 [Arising out of SLP(C) No. 10939 of 2013] CIVIL APPEAL NO. 11868 OF 2014 [Arising out of SLP(C) No. 10940 of 2013] CIVIL APPEAL NO. 11870 OF 2014 [Arising out of SLP(C) No. 10941 of 2013] CIVIL APPEAL NO. 11873 OF 2014 [Arising out of SLP(C) No.10942 of 2013] CIVIL APPEAL NO. 11875 OF 2014 [Arising out of SLP(C) No. 10943 of 2013] CIVIL APPEAL NO. 11876 OF 2014 [Arising out of SLP(C) No. 11068 of 2013] CIVIL APPEAL NO. 11878 OF 2014 [Arising out of SLP(C) No. 11069 of 2013] CIVIL APPEAL NO. 11879 OF 2014 [Arising out of SLP(C) No. 11072 of 2013] CIVIL APPEAL NO. 11881 OF 2014 [Arising out of SLP(C) No. 13021 of 2013] CIVIL APPEAL NO. 11883 OF 2014 [Arising out of SLP(C) No. 13023 of 2013] CIVIL APPEAL NO. 11884 OF 2014 [Arising out of SLP(C) No. 14780 of 2013] CIVIL APPEAL NO. 11885 OF 2014 [Arising out of SLP(C) No. 14782 of 2013] CIVIL APPEAL NO. 11847 OF 2014 [Arising out of SLP(C) No. 15299 of 2013] CIVIL APPEAL NO. 11849 OF 2014 [Arising out of SLP(C) No. 15300 of 2013] CIVIL APPEAL NO. 11851 OF 2014 [Arising out of SLP(C) No. 15301 of 2013] CIVIL APPEAL NO. 11852 OF 2014 [Arising out of SLP(C) No. 15302 of 2013] CIVIL APPEAL NO. 11855 OF 2014 [Arising out of SLP(C) No. 15303 of 2013] CIVIL APPEAL NO. 11856 OF 2014 [Arising out of SLP(C) No. 15305 of 2013] CIVIL APPEAL NO. 11858 OF 2014 [Arising out of SLP(C) No.15307 of 2013] CIVIL APPEAL NO. 11860 OF 2014 [Arising out of SLP(C) No. 15852 of 2013] CIVIL APPEAL NO. 11862 OF 2014 [Arising out of SLP(C) No. 17618 of 2013] CIVIL APPEAL NO. 11865 OF 2014 [Arising out of SLP(C) No. 18880 of 2013] CIVIL APPEAL NO. 11867 OF 2014 [Arising out of SLP(C) No. 19469 of 2013] CIVIL APPEAL NO. 11869 OF 2014 [Arising out of SLP(C) No. 20529 of 2013] CIVIL APPEAL NO. 11872 OF 2014 [Arising out of SLP(C) No. 20830 of 2013] CIVIL APPEAL NO. 11874 OF 2014 [Arising out of SLP(C) No. 21492 of 2013] CIVIL APPEAL NO. 11877 OF 2014 [Arising out of SLP(C) No. 21554 of 2013] CIVIL APPEAL NO. 11880 OF 2014 [Arising out of SLP(C) No.36124 CC No. 3626 of 2014] CIVIL APPEAL NO. 11882 OF 2014 [Arising out of SLP(C) No.8103 of 2014] CIVIL APPEAL NO. 11886 OF 2014 [Arising out of SLP(C) No. 11704 of 2012]Date : 18/12/2014 These appeals were called on for judgment today.For Petitioner(s) Mr. Jagjit Singh Chhabra, Adv. Mr. Ajay Pal, Adv. Mr. Kuldip Singh, Adv. Ms. Kaveeta Wadia, Adv. Mr. Jatinder Kumar Bhatia, Adv. Ms. Naresh Bakshi, Adv.For Respondent(s) Mr. Anis Ahmed Khan, Adv.

Mr. Vineet Bhagat, Adv. Mr.Anand Mishra, Adv. Mr.Amrendra Kumar Singh, Adv. Dr. (Mrs.) Vipin Gupta, Adv. Dr.Charu Wali Khanna, Adv. 27 Mr. Ansar Ahmad Chaudhary,Adv. Mr. Subhasish Bhowmick,Adv. Mr. Satyendra Kumar,Adv. Mr. Kanhaiya Priyadarshi,Adv. Mr.Mukesh Kumar Verma, Adv. Mr. Ashwani Bhardwaj,Adv. Mr. Balbir Singh Gupta,Adv. Ms. Namita Choudhary,Adv. Mr. Anil Kumar Tandale,Adv. Mrs. Kanchan Kaur Dhodi,Adv. Ms.Shikha Roy, Adv. Mr.Abhay K.Singh, Adv. Mr. S. K. Sabharwal,Adv. Mr.Sudhir Walia, Adv. Mr. Abhishek Atrey,Adv. Mr. Rahul Gupta,Adv. Mr. Sarad Kumar Singhania,Adv. Mr. S. L. Aneja,Adv. Hon'ble Mr.Justice Jagdish Singh Khehar pronounced thejudgment of the Bench comprising His Lordship and Hon'bleMr.Justice Arun Mishra. Delay condoned. Leave granted. The appeals are disposed of in terms of the signedjudgment.(SATISH KUMAR YADAV) (RENUKA SADANA) COURT MASTER COURT MASTER (Signed reportable judgment is placed on the file)

1 ITEM NO.2 COURT NO.5 SECTION IVB 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 (C) No(s).11684/2012 (Arising out of impugned final judgment and order dated 17/01/2011 in CWP No. 16277/2010 passed by the High Court Of Punjab & Haryana At Chandigarh) STATE OF PUNJAB & ORS. Petitioner(s) VERSUS RAFIQ MASIH (WHITE WASHER) Respondent(s) (With interim relief and office report) WITH S.L.P.(C)...CC No. 14663/2010 (With Office Report) S.L.P.(C)...CC No. 20144/2010 (With Office Report) S.L.P.(C)...CC No. 9303/2011 (With Office Report) S.L.P.(C)...CC No. 15876/2011 (With Office Report) S.L.P.(C)...CC No. 16190/2011 (With Office Report) S.L.P.(C)...CC No. 16303/2011 (With Office Report) S.L.P.(C)...CC No. 16309/2011 (With Office Report) S.L.P.(C)...CC No. 16325/2011 (With Office Report) S.L.P.(C)...CC No. 16326/2011 (With Office Report) S.L.P.(C)...CC No. 16327/2011 (With Office Report) S.L.P.(C)...CC No. 16350/2011 (With Office Report) S.L.P.(C)...CC No. 16548/2011 (With Office Report) S.L.P.(C)...CC No. 16580/2011 (With Office Report) S.L.P.(C)...CC No. 16582/2011 (With Office Report) S.L.P.(C)...CC No. 16594/2011 (With Office Report) S.L.P.(C)...CC No. 16723/2011 (With appln.(s) for c/delay in filing SLP and appln.(s) for c/delay in refiling SLP and Office Report) S.L.P.(C)...CC No. 16850/2011 (With Office Report)

2 S.L.P.(C)...CC No. 16904/2011 (With Office Report) S.L.P.(C)...CC No. 17192/2011 (With appln.(s) for c/delay in filing SLP and appln.(s) for c/delay in refiling SLP and Office Report) S.L.P.(C)...CC No. 17193/2011 (With Office Report) S.L.P.(C)...CC No. 17201/2011 (With Office Report) S.L.P.(C)...CC No. 17204/2011 (With Office Report) S.L.P.(C)...CC No. 17388/2011 (With Office Report) S.L.P.(C)...CC No. 17507/2011 (With Office Report) S.L.P.(C)...CC No. 17508/2011 (With Office Report) S.L.P.(C)...CC No. 17534/2011 (With Office Report) S.L.P.(C)...CC No. 17709/2011 (With Office Report) S.L.P.(C)...CC No. 17711/2011 (With Office Report) S.L.P.(C)...CC No. 17735/2011 (With Office Report) S.L.P.(C)...CC No. 17798/2011 (With Office Report) S.L.P.(C)...CC No. 17835/2011 (With Office Report) S.L.P.(C)...CC No. 17846/2011 (With Office Report) S.L.P.(C)...CC No. 17888/2011 (With Office Report) S.L.P.(C)...CC No. 18227/2011 (With Office Report) S.L.P.(C)...CC No. 18261/2011 (With appln.(s) for c/delay in filing SLP and appln.(s) for c/delay in refiling SLP and Office Report) S.L.P.(C)...CC No. 18286/2011 (With Office Report) S.L.P.(C)...CC No. 18310/2011 (With Office Report) S.L.P.(C)...CC No. 18312/2011 (With Office Report) S.L.P.(C)...CC No. 18337/2011 (With Office Report) S.L.P.(C)...CC No. 18423/2011 (With Office Report) S.L.P.(C)...CC No. 18524/2011 (With Office Report) S.L.P.(C)...CC No. 18525/2011 (With Office Report)

3 S.L.P.(C)...CC No. 18526/2011 (With Office Report) S.L.P.(C)...CC No. 18527/2011 (With Office Report) S.L.P.(C)...CC No. 18535/2011 (With Office Report) S.L.P.(C)...CC No. 18536/2011 (With Office Report) S.L.P.(C)...CC No. 18628/2011 (With Office Report) S.L.P.(C)...CC No. 18630/2011 (With Office Report) S.L.P.(C)...CC No. 18767/2011 (With Office Report) S.L.P.(C)...CC No. 18769/2011 (With Office Report) S.L.P.(C)...CC No. 18784/2011 (With Office Report) S.L.P.(C)...CC No. 18796/2011 (With Office Report) S.L.P.(C)...CC No. 18802/2011 (With Office Report) S.L.P.(C)...CC No. 18805/2011 (With Office Report) S.L.P.(C)...CC No. 18834/2011 (With Office Report) S.L.P.(C)...CC No. 18857/2011 (With Office Report) S.L.P.(C)...CC No. 18960/2011 (With Office Report) S.L.P.(C)...CC No. 19116/2011 (With Office Report) S.L.P.(C)...CC No. 19236/2011 (With Office Report) S.L.P.(C)...CC No. 19527/2011 (With Office Report) S.L.P.(C)...CC No. 19552/2011 (With Office Report) S.L.P.(C)...CC No. 19556/2011 (With Office Report) S.L.P.(C)...CC No. 19580/2011 (With Office Report) S.L.P.(C)...CC No. 19590/2011 (With Office Report) S.L.P.(C)...CC No. 19594/2011 (With Office Report) S.L.P.(C)...CC No. 19597/2011 (With Office Report) S.L.P.(C)...CC No. 19599/2011 (With Office Report) S.L.P.(C)...CC No. 19601/2011 (With Office Report)

4 S.L.P.(C)...CC No. 19663/2011 (With Office Report) S.L.P.(C)...CC No. 19727/2011 (With Office Report) S.L.P.(C)...CC No. 19837/2011 (With Office Report) S.L.P.(C)...CC No. 19864/2011 (With Office Report) S.L.P.(C)...CC No. 20022/2011 (With Office Report) S.L.P.(C)...CC No. 20024/2011 (With Office Report) S.L.P.(C)...CC No. 20048/2011 (With Office Report) S.L.P.(C)...CC No. 20291/2011 (With Office Report) S.L.P.(C)...CC No. 20454/2011 (With Office Report) S.L.P.(C)...CC No. 20794/2011 (With Office Report) S.L.P.(C)...CC No. 20891/2011 (With Office Report) S.L.P.(C)...CC No. 21915/2011 (With Office Report) S.L.P.(C)...CC No. 22255/2011 (With Office Report) S.L.P.(C)...CC No. 22256/2011 (With Office Report) S.L.P.(C)...CC No. 22257/2011 (With Office Report) SLP(C) No. 30473/2011 (With Interim Relief and Office Report) SLP(C) No. 33651/2011 (With Office Report) SLP(C) No. 35876/2011 (With Office Report) S.L.P.(C)...CC No. 133/2012 (With Office Report) S.L.P.(C)...CC No. 178/2012 (With Office Report) S.L.P.(C)...CC No. 434/2012 (With Office Report) S.L.P.(C)...CC No. 887/2012 (With Office Report) S.L.P.(C)...CC No. 1147/2012 (With Office Report) S.L.P.(C)...CC No. 1166/2012 (With Office Report) S.L.P.(C)...CC No. 1168/2012 (With Office Report) S.L.P.(C)...CC No. 1188/2012 (With Office Report)

5 S.L.P.(C)...CC No. 1200/2012 (With Office Report) S.L.P.(C)...CC No. 1291/2012 (With Office Report) S.L.P.(C)...CC No. 1303/2012 (With Office Report) S.L.P.(C)...CC No. 1306/2012 (With Office Report) S.L.P.(C)...CC No. 1391/2012 (With Office Report) S.L.P.(C)...CC No. 1596/2012 (With Office Report) S.L.P.(C)...CC No. 1637/2012 (With Office Report) S.L.P.(C)...CC No. 1644/2012 (With Office Report) S.L.P.(C)...CC No. 1653/2012 (With Office Report) S.L.P.(C)...CC No. 1657/2012 (With Office Report) S.L.P.(C)...CC No. 1739/2012 (With Office Report) S.L.P.(C)...CC No. 1864/2012 (With Office Report) S.L.P.(C)...CC No. 1869/2012 (With Office Report) S.L.P.(C)...CC No. 1928/2012 (With Office Report) S.L.P.(C)...CC No. 1935/2012 (With Office Report) S.L.P.(C)...CC No. 2209/2012 (With Office Report) S.L.P.(C)...CC No. 2798/2012 (With Office Report) S.L.P.(C)...CC No. 2818/2012 (With Office Report) S.L.P.(C)...CC No. 2821/2012 (With Office Report) S.L.P.(C)...CC No. 2832/2012 (With Office Report) SLP(C) No. 4822/2012 (With Interim Relief and Office Report) S.L.P.(C)...CC No. 6093/2012 (With Office Report) S.L.P.(C)...CC No. 6483/2012 (With Office Report) S.L.P.(C)...CC No. 6604/2012 (With Office Report) S.L.P.(C)...CC No. 6632-6633/2012 (With Office Report) S.L.P.(C)...CC No. 6659/2012 (With Office Report)

6 SLP(C) No. 6692/2012 (With Interim Relief and Office Report) S.L.P.(C)...CC No. 6800/2012 (With Office Report) S.L.P.(C)...CC No. 6829/2012 (With Office Report) S.L.P.(C)...CC No. 10109/2012 (With Office Report) SLP(C) No. 11690/2012 (With Office Report) SLP(C) No. 11693/2012 (With Office Report) SLP(C) No. 11694/2012 (With Office Report) SLP(C) No. 11697/2012 (With Office Report) SLP(C) No. 11699/2012 (With appln.(s) for permission to bring additional facts and documents on record and Office Report) SLP(C) No. 11702/2012 (With Office Report) SLP(C) No. 11703/2012 (With Office Report) SLP(C) No. 11704/2012 (With Office Report) SLP(C) No. 11705/2012 (With Office Report) SLP(C) No. 11706/2012 (With Office Report) SLP(C) No. 11707/2012 (With Office Report) SLP(C) No. 11709/2012 (With Office Report) SLP(C) No. 11710/2012 (With Office Report) SLP(C) No. 11712/2012 (With Office Report) S.L.P.(C)...CC No. 12769/2012 (With Office Report) S.L.P.(C)...CC No. 13044/2012 (With Office Report) S.L.P.(C)...CC No. 13114/2012 (With Office Report) S.L.P.(C)...CC No. 13300/2012 (With Office Report) SLP(C) No. 26306/2012 (With Office Report) SLP(C) No. 26307/2012 (With Office Report) SLP(C) No. 26308/2012 (With Office Report) SLP(C) No. 26386/2012 (With Office Report)

7 SLP(C) No. 26388/2012 (With Office Report) SLP(C) No. 26389/2012 (With Office Report) SLP(C) No. 26391/2012 (With Office Report) SLP(C) No. 28655/2012 (With Office Report) SLP(C) No. 28812/2012 (With Office Report) SLP(C) No. 28813/2012 (With Office Report) SLP(C) No. 28814/2012 (With Office Report) SLP(C) No. 28815/2012 (With Office Report) SLP(C) No. 28816/2012 (With Office Report) SLP(C) No. 28817/2012 (With Office Report) SLP(C) No. 28818/2012 (With Office Report) SLP(C) No. 28819/2012 (With Office Report) SLP(C) No. 28823/2012 (With Office Report) SLP(C) No. 28824/2012 (With Office Report) SLP(C) No. 28825/2012 (With Office Report) SLP(C) No. 28827/2012 (With Office Report) SLP(C) No. 28828/2012 (With Office Report) SLP(C) No. 28829/2012 (With Office Report) SLP(C) No. 30246/2012 (With Interim Relief and Office Report) SLP(C) No. 30751/2012 (With Office Report) SLP(C) No. 33343/2012 (With Office Report) SLP(C) No. 33345/2012 (With Office Report) SLP(C) No. 33347/2012 (With Office Report) SLP(C) No. 33348/2012 (With Office Report) SLP(C) No. 33350/2012 (With Office Report) SLP(C) No. 33352/2012 (With Office Report)

8 SLP(C) No. 33353/2012 (With Office Report) SLP(C) No. 33354/2012 (With Office Report) SLP(C) No. 33356/2012 (With Office Report) SLP(C) No. 35328/2012 (With Office Report) SLP(C) No. 37149/2012 (With Office Report) SLP(C) No. 37151/2012 (With Office Report) SLP(C) No. 37152/2012 (With Office Report) SLP(C) No. 37153/2012 (With Office Report) SLP(C) No. 37154/2012 (With Office Report) SLP(C) No. 39202/2012 (With Office Report) SLP(C) No. 519/2013 (With Office Report) SLP(C) No. 523/2013 (With Office Report) SLP(C) No. 524/2013 (With Office Report) S.L.P.(C)...CC No. 2335/2013 (With Office Report) SLP(C) No. 5751/2013 (With Office Report) SLP(C) No. 5753/2013 (With Office Report) SLP(C) No. 5765/2013 (With Office Report) SLP(C) No. 5810/2013 (With Office Report) SLP(C) No. 5821/2013 (With Office Report) SLP(C) No. 5838/2013 (With Office Report) S.L.P.(C)...CC No. 6861/2013 (With Office Report) SLP(C) No. 9907/2013 (With Office Report) SLP(C) No. 9909/2013 (With Office Report) SLP(C) No. 9911/2013 (With Office Report) SLP(C) No. 9912/2013 (With Office Report) SLP(C) No. 9913/2013 (With Office Report)

9 SLP(C) No. 9914/2013 (With Office Report) SLP(C) No. 9915/2013 (With Office Report) SLP(C) No. 9916/2013 (With Office Report) SLP(C) No. 9918/2013 (With Office Report) SLP(C) No. 10927/2013 (With Office Report) SLP(C) No. 10928/2013 (With Office Report) SLP(C) No. 10929/2013 (With Office Report) SLP(C) No. 10930/2013 (With Office Report) SLP(C) No. 10931/2013 (With Office Report) SLP(C) No. 10933/2013 (With Office Report) SLP(C) No. 10934/2013 (With Office Report) SLP(C) No. 10935/2013 (With Office Report) SLP(C) No. 10936/2013 (With Office Report) SLP(C) No. 10938/2013 (With Office Report) SLP(C) No. 10939/2013 (With Office Report) SLP(C) No. 10940/2013 (With Office Report) SLP(C) No. 10941/2013 (With Office Report) SLP(C) No. 10942/2013 (With Office Report) SLP(C) No. 10943/2013 (With Office Report) SLP(C) No. 11068/2013 (With appln.(s) for placing addl. facts and documents on record and Office Report) SLP(C) No. 11069/2013 (With Office Report) SLP(C) No. 11072/2013 (With Office Report) SLP(C) No. 13021/2013 (With appln.(s) for c/delay in filing SLP and Office Report) SLP(C) No. 13023/2013 (With Office Report) SLP(C) No. 14780/2013 (With Office Report) SLP(C) No. 14782/2013 (With Office Report)

10 SLP(C) No. 15299/2013 (With appln.(s) for c/delay in filing SLP and appln.(s) for c/delay in refiling SLP and Office Report) SLP(C) No. 15300/2013 (With Office Report) SLP(C) No. 15301/2013 (With Office Report) SLP(C) No. 15302/2013 (With Office Report) SLP(C) No. 15303/2013 (With Office Report) SLP(C) No. 15305/2013 (With Office Report) SLP(C) No. 15307/2013 (With Office Report) SLP(C) No. 15852/2013 (With Office Report for Direction) SLP(C) No. 16788/2013 (With Office Report) SLP(C) No. 17618/2013 (With Office Report) SLP(C) No. 18880/2013 (With Office Report) SLP(C) No. 19469/2013 (With Office Report) SLP(C) No. 20529/2013 (With Office Report) SLP(C) No. 20830/2013 (With Office Report) SLP(C) No. 21492/2013 (With appln.(s) for c/delay in filing SLP and Interim Relief and Office Report) SLP(C) No. 21554/2013 (With Office Report) S.L.P.(C)...CC No. 3626/2014 (With appln.(s) for c/delay in filing SLP) SLP(C) No. 8086/2014 (With Interim Relief) SLP(C) No. 8103/2014 (With Interim Relief) Date : 05/11/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr.V.K.Bali, Sr.Adv. Mr.Nikhil Nayyar, Adv. Mr.Aditya Soni, Adv. Mr.C.Kumar, Adv. Mr.Pardaman Singh, Adv. Mr. Jagjit Singh Chhabra, Adv.

11 Mr. Ajay Pal, Adv. Mr. Kuldip Singh, Adv. Ms. Kaveeta Wadia, Adv. Mr. Jatinder Kumar Bhatia, Adv. Ms. Naresh Bakshi, Adv. Mrs. Rachana Joshi Issar, Adv. Mr.Ambreen Rasool, Adv. For Respondent(s) Mr.Sudhir Walia, Adv. Ms.Niharika Ahluwalia, Adv. Mrs.Anjali Nair, Adv. Mr. Abhishek Atrey, Adv. Mr. Anis Ahmed Khan, Adv. Dr. (Mrs.) Vipin Gupta, Adv. Mr. Ansar Ahmad Chaudhary, Adv. Mr.Dinesh Verma, Adv. Mr.Rajat Sharma, Adv. Mr. Subhasish Bhowmick, Adv. Mr.Yashpal Rangi, Adv. Mr. Satyendra Kumar, Adv. Mr. Kanhaiya Priyadarshi, Adv. Mr.Mukesh K.Verma, Adv. Mr.S.Tomar, Adv. Mr.Shishpal Laler, Adv. Mr.N.P.Midha, Adv. Mr.Sonit, Adv. Mr. Balbir Singh Gupta, Adv. Ms. Namita Choudhary, Adv. Mr. Anil Kumar Tandale, Adv. Mrs. Kanchan Kaur Dhodi, Adv. Mr.Jetendra Singh, Adv. Mr.Vijendra Kumar Kaushik, Adv. Mr. S. K. Sabharwal, Adv. Ms.Priyanka Singh, Adv.

12 Mr.Ajay Kr.Singh, Adv. Ms.Shikha Roy, Adv. Mr.S.K.Sabharwal, Adv. Mr.Karan Dewan, Adv. Mr. Rahul Gupta, Adv. Mr. Sarad Kumar Singhania, Adv. Mr. S. L. Aneja, Adv. Mr. P. N. Puri, Adv. Mr.Debasis Misra, Adv. Mr.Himanshu Gupta, Adv. Mr.Joginder Sukhija, Adv. Mr.Harsh Chandra Pant, Adv. Ms.Shikha Roy, Adv. Mr.Ajay K.Singh, Adv. Mr.S.K.Sabharwal, Adv. Mr.Rahul Dagar, Adv. Mr.Sidhant Pandita, Adv. Mr.Dinesh Verma, Adv. Mr.Rajat Sharma, Adv. Mr.Subhasish Bhowmick, Adv. Mr.Jetendra Singh, Adv. Ms.Priyanka Singh, Adv. Mr.S.K.Sabharwal, Adv. Upon hearing the counsel the Court made the following O R D E R SLP(C)No.11704/2012, SLP(C)No.16788/2013 and SLP(C)No.8086/2014 Detag these matters and list on 19.11.2014. Rest of the matters Arguments heard. Judgment reserved. (SATISH KUMAR YADAV) (PHOOLAN WATI ARORA) COURT MASTER ASSISTANT REGISTRAR

13

SECTION IV B Listed on. 05.11.2014 IN THE SUPREME COURT OF INDIA Court No. 5 CIVIL APPELLATE JURISDICTION Item No. 2 PETITIONS FOR SPECIAL LEAVE TO APPEAL(CIVIL) NOS. SLP(C) 11684 OF 2012, CC NOS. 14663 of 2010, 20144 of 2010, 9303 of 2011, 15876 of 2011, 16190 of 2011, 16303 of 2011, 16309 of 2011, 16325 of 2011, 16326 of 2011, 16327 of 2011, 16350 of 2011, 16548 of 2011, 16580 of 2011, 16582 of 2011, 16594 of 2011, 16723 of 2011, 16850 of 2011, 16904 of 2011, 17192 of 2011, 17193 of 2011, 17201 of 2011, 17204 of 2011, 17388 of 2011, 17507 of 2011, 17508 of 2011, 17534 of 2011, 17709 of 2011, 17711 of 2011, 17735 of 2011, 17798 of 2011, 17835 of 2011, 17846 of 2011, 17888 of 2011, 18227 of 2011, 18261 of 2011, 18286 of 2011, 18310 of 2011, 18312 of 2011, 18337 of 2011, 18423 of 2011, 18524 of 2011, 18525 of 2011, 18526 of 2011, 18527 of 2011, 18535 of 2011, 18536 of 2011, 18628 of 2011, 18630 of 2011, 18767 of 2011, 18769 of 2011 , 18784 of 2011, 18796 of 2011, 18802 of 2011, 18805 of 2011, 18834 of 2011, 18857 of 2011, 18960 of 2011, 19116 of 2011, 19236 of 2011, 19527 of 2011, 19552 of 2011, 19556 of 2011, 19580 of 2011, 19590 of 2011, 19594 of 2011, 19597 of 2011, 19599 of 2011, 19601 of 2011, 19663 of 2011, 19727 of 2011, 19837 of 2011, 19864 of 2011, 20022 of 2011, 20024 of 2011, 20048 of 2011, 20291 of 2011, 20454 of 2011, 20794 of 2011, 20891 of 2011, 21915 of 2011, 22255 of 2011, 22256 of 2011, 22257 of 2011,SLP 30473 of 2011,, SLP 33651 of 2011, SLP 35876 of 2011, CC Nos. 133 of 2012, 178 of 2012, 434 of 2012, 887 of 2012, 1147 of 2012, 1166 of 2012, 1168 of 2012, 1188 of 2012, 1200 of 2012, 1291 of 2012, 1303 of 2012, 1306 of 2012, 1391 of 2012, 1596 of 2012, 1637 of 2012, 1644 of 2012,1653 of 2012, 1657 of 2012, 1739 of 2012, 1864 of 2012,1869 of 2012, 1928 of 2012, 1935 of 2012, 2209 of 2012, 2798 of 2012,2818 of 2012, 2821 of 2012, 2832 of 2012, SC 4822 of 2012, CC Nos. 6093 of 2012, 6483 of 2012, 6604 of 2012, CC 6632-6633 of 2012, 6659 of 2012, SC 6692 of 2012, CC Nos. 6800 of 2012, CC 6829 of 2012, CC 10109 of 2012,SC NOS. 11690 of 2012, 11693 of 2012, 11694 of 2012, 11697 of 2012, 11699 of 2012, 11702 of 2012, 11703 of 2012, 11704 of 2012, 11705 of 2012, 11706 of 2012, 11707 of 2012, 11709 of 2012, 11710 of 2012, 11712 of 2012, CC Nos. 12769 of 2012, 13044 of 20122, 13114 of 2012, CC 13300 of 2012, SC Nos. 26306 of 2012, 26307 of 2012, 26308 of 2012, 26386 of 2012, 26388 of 2012, 26389 of 2012, 26391 of 2012, 28655 of 2012, 28812 of 2012, 28813 of 2012, 28814 of 2012, 28815 of 2012,28816 of 2012, 28817 of 2012,28818 of 2012, 28819 of 2012,28823 of 2012, 28824 of 2012, 28825 of 2012, 28827 of 2012, 28828 of 2012, 28829 of 2012, 30246 of 2012, 30751 of 2012, 33343 of 2012, 33345 of 2012, 33347 of 2012, 33348 of 2012, 33350 of 2012, 33352 of 2012, 33353 of 2012, 33354 of 2012, 33356 of 2012, 35328 of 2012, 37149 of 2012, 37151 of 2012, 37152 of 2012, 37153 of 2012, 37154 of 2012, 39202 of 2012,SC Nos. 519 of 2013, 523 of 2013, 524 of 2013, CC 2335 of 2013,

SC Nos. 5751 of 2013, 5753 of 2013, 5765 of 2013, 5810 of 2013, 5821 of 2013, 5838 of 2013, CC 6861 of 2013, SC 9907 of 2013, 9909 of 2013, 9915 of 2013 9912 of 2013, 9913 of 2013, 9914 of 2013, 9915 of 2013, 9916 of 2013, 9918 of 2013, 10927 of 2013, 10928 of 2013, 10929 of 2013, 10930 of 2013, 10931 of 2013, 10933 of 2013, 10934 of 2013, 190935 of 2013, 10936 of 2013, 10938 of 2013, 10939 of 2013, 10940 of 2013, 10941 of 2013, 10942 of 2013, 10943 of 2013, 11068 of 2013, 11069 of 2013, 11072 of 2013, 13021 of 2013, 13023 of 2013, 14780 of 2013, 14782 of 2013, 15299 of 2013, 15300 of 2013, 15301 of 2013, 15302 of 2013, 15303 of 2013, 15305 of 2013, 15307 of 2013l, 15852 of 2013, 16788 of 2013, 17618 of 2013, 18880 of 2013, 19469 of 2013, 20529 of 2013, 20830 of 2013, 21492 of 2013, 21554 of 2013, CC 3626 of 2014, SC 8086 of 2014, 8103 of 2014. AND WITH PRAYER FOR INTERIM RELIEF AND INTERLOCUTORY APPLICATION NOS.1-2 (Applications for condonation of delay in filing and refiling the Special Leave Petitions) State of Punjab & Ors. ...Petitioner(s) Versus Rajiq Masih (White Washer) & Etc. ...Respondent(s) OFFICE REPORT The matters above mentioned were listed before the Hon'ble Court on 08.07.2014 with the office report order dated 09.10.2014 when the Court was pleased to pass the following order :- “List on 05.11.2014 ast the top of the board.” Latest Service position of each matter is as follows:- SLP No. Total Responden ts Through Advocate Through A.D./Da sti Neither A.D nor unserved cover Remarks 11684/12 1 1 - - Complete 11697/12 5 - - - Incomplete 11702/12 1 - - - Incomplete 11690/12 1 1 - - Complete

no C/A 11705/12 1 - - - Incomplete 11706/12 1 1 - - Complete C/A 11709/12 1 - 1 - Complete 11712/12 1 1 - - Complete No C/A 11707/12 1 1 - - Complete N. C/A 11710/12 1 1 - - Incomplete 11704/12 1 - 1 - Complete N. C/A 11699/12 1 - - - Complete no C/A 11693/12 1 - - - Incomplete 11694/12 1 - - - Complete 11703/12 1 - 1 - Complete 35328/12 1 - 1 - Complete 37153/12 1 - 1 - Complete 37152/12 1 1 - - Complete 37154/12 2 - 2 - Complete 37151/12 1 - 1 - Complete 37149/12 1 - 1 - Complete 39202/12 1 - - - Incomplete 13021/13 Sole - - - Incomplete 13023/13 Sole - - - Incomplete

14780/13 3 - 1 & 2 - Incomplete 14782/13 Sole - - - Incomplet e 15852/13 Sole - Sole Respond ent has sent an affidav it but has not filed memo of appeara nce so far. - However service is complete 15299/13 Sole 1 - - Incomplete 15300/13 Sole - 1 - Incomplete 15301/13 Sole 1 - - Incomplete 15302/13 Sole 1 - - Incomplete 15303/13 Sole Mr. Vineet Bhagat, Advocate - - Complete(C /A not filed) 15305/13 Sole - - - Incomplete 15307/13 5 - 2,3 - Incomplete 16788/13 2 - - Both Incomplete

18880/13 1 - - 1 Incomplete 19469/13 1 - - 1 Incomplete 17618/13 1 1 - - Complete 26306/12 3 - 1-3 - Complete 26307/12 1 - - 1 Incomplete 28813/12 1 - - 1 Incomplete 28814/12 1 - - 1 Incomplete 28815/12 1 - - 1 Incomplete 28816/12 1 - - 1 Incomplete 28817/12 1 1 - - Complete 28818/12 1 - - 1 Incomplete 28819/12 1 - - 1 Incomplete 28825/12 1 - - 1 Incomplete 28827/12 1 - - 1 Incomplete 28655/12 20 - - 1-20 Incomplete 28823/12 1 - - 1 Incomplete 28824/12 1 - - 1 Incomplete 28829/12 1 1 - - Complete

28828/12 1 - - 1 Incomplete 30751/12 1 - - 1 Incomplete 28812/12 1 - - 1 Incomplete 26391/12 1 Sole - - Complete 26388/12 1 - - 1-5 Incomplete 26389/12 1 1 - - Complete 26386/12 1 - - 1 Incomplete 33343/12 1 - - 1 Incomplete 30246/12 1 - - 1 Incomplete 33347/12 1 - - 1 Incomplete 33348/12 1 - - 1 Incomplete 33350/12 1 - - 1 Incomplete 33352/12 1 - - 1 Incomplete 33353/12 1 - - 1 Incomplete 26308/12 1 - - 1 Incomplete 21554/13 1 - - 1 Incomplete 33356/12 4 - - 1 to 4 Incomplete 33354/12 1 - - 1 Incomplete

33345/12 1 - - 1 Incomplete 20529/13 1 - - 1 Incomplete 20830/13 1 - - 1 Incomplete 10927/13 Sole - - Sole Incomplete 10928/13 Sole Sole - Complete 10929/13 Sole - - Sole Incomplete 10930/13 Sole Sole - Complete 10931/13 Sole - - Incomplete 10933/13 3 - 1-3 Complete 10934/13 Sole - SOle Complete 10935/13 Sole - - Complete 10936/13 Sole - V/A Complete 10938/13 Sole - - Incomplete 10939/13 Sole - V/A Complete 10940/13 Sole - V/A Complete 10941/13 Sole - - - Incomplete 10942/13 Sole - - - Incomplete 10943/13 Sole - - - Incomplete

11068/13 33 - 1-7,9-1 1,13-33 12,8 8 dead Complete. No steps has been taken on behalf of R-8 till date. 11069/13 Sole V/A Sole - Complete 11072/13 Sole V/A Sole - Complete 519/13 Sole - A.D. Card - Complete 523/13 Sole - - Neither A.D Incomplete 524/13 Sole - A.D. Card Complete 8086/14 Sole - - Neither A.D. Card Nor unserved cover Incomplete 8103/14 Sole - - Neither A.D. Card Nor unserved cover Incomplete 5751/13 122 - 7, 10, 11, 12, 15, 16, 22, 23, 28, 38, 43, 47, 51, 52, 78, 80, 81, 84, 85, 89, 92, 95, 99, , 104, 105, 1-6, 8-9, 13-14, 17-21, 24-27,29- 37, 39-42, 44-46, 48-50, 53-77, 79, 82-83, 86-88, 90-91, 93-94, Incomplete

108, 117, 122, 96-98, 100-103,1 06-107, 109-116, 118, 121 5753/13 1 - 1 - Complete 5765/13 1 - 1 - Complete 5810/13 2 1-2 - - Complete 5821/13 2 - - - Incomplete 5838/13 7 - 2, 3, 5, 7 1,4,6 Incomplete 9907/13 1 1 - - Complete 9909/13 6 4, 5 3, 6 1, 2 Incomplete 9911/13 1 - - - Incomplete 9912/13 47 1-3, 6-7, 13-16, 19-24, 26-27, 29-30, 33-35, 38-39,42 -44 11-12, 17, 25, 28, 32, 36-37, 40, 45, 46 4-5, 8-10,18, 31-32, 41 , 47 Incomplete 9913 1 - 1 - Complete 9914 1 - 1 - Incomplete 9915 1 - 1 - Complete 9916 1 - 1 - Complete

9918 1 - - - Incomplete CC Nos. 9303 of 2011, 6093 of 2012, 6483 of 2012, 6659 of 2012, 6829 of 2012, 6604 of 2012, 6800 of 2012, 6632-6633 of 2012, 17192 of 2011, 17193 of 2011, 17201 of 2011, 17204 of 2011, 17388 of 2011, 17507 of 2011, 17508 of 2011, 17534 of 2011, 17709 of 2011, 17711 of 2011, 17735 of 2011, 17798 of 2011, 17835 of 2011, 17846 of 2011, 17888 of 2011, 20144 of 2010, 13300 of 2012, 13044 of 2012, 12769 of 2012, 13114 of 2012, 15876 of 2011,CC 16190 of 2011, 16303, 16309, 16325 of 2011,16326 of 2011, 16327 of 2011,16350 of 2011, 16548 of 2011, 16580 of 2011, 16582 of 2011, 16594 of 2011, 16723 of 2011, 16850 of 2011, 16904 of 2011, 887 of 2012, 1147 of 2012, 1166 of 2012, 1168 of 2012, 1188 of 2012, 1200 of 2012, 1291 of 2012, 1303 of 2012, 1306 of 2012, 1391 of 2012, 1596 of 2012, 1657 of 2012, 1653 of 2012, 133 of 2012, 178 of 2012, 434 of 2012, 1637 of 2012, 1644 of 2012, 1739 of 2012, 1864 of 2012, 1869 of 2012, 1928 of 2012, 1935 of 2012, 2209 of 2012, 2798 of 2012, 2818 of 2012, 2821 of 2012, 2832 of 2012, SLP(C) 4822 of 2012, SLP(C) 6692 of 2012, CC nos. 10109 of 2012, 6861 of 2013, 19663 of 2011, 19552 of 2011, 19864 of 2011, 19556 of 2011, 19727 of 2011, 19527 of 2011, 19597 of 2011, 18960 of 2011, 18796 of 2011, 18834 of 2011, 18802 of 2011, 18805 of 2011, 20022 of 2011, 18526 of 2011, 18535 of 2011, 18525 of 2011, 18524 of 2011, 18310 of 2011, 18286 of 2011, 18423 of 2011, 18312 of 2011, 19580 of 2011, 18261 of 2011, 20048 of 2011, 19236 of 2011, 18536 of 5011, 18767 of 2011, 18769 of 2011, 19837 of 2011, 19599 of 2011, 19601 of 2011 , 19590 of 2011, 18827 of 2011, 18630 of 2011, 20291 of 2011, 20454 of 2011, 20024 of 2011, 19116 of 2011, 18784 of 2011, 20794 of 2011, 20891 of 2011, 22257 of 2011, 22255 of 2011, 22256 of 2011, 2335 of 2013, SLP(C) 33651 of 2011, SLP(C) 35876 of 2011, CC No. 14663 of 2010, CC Nos. 18227, 18337, 18628, 18857, 19594, 21915 of 2011, SLP(C) 30473 of 2011 and CC No. 3626 of 2014.

These matter were listed before the Hon'ble Court on 02.12.2011 etc. etc., when the Court was please to pass the following order:- “ List after the matter [S.L.P(C) NO. 24607/2010] is heard” It is submitted that SLP(C)No. 24607/2010 was disposed by this Hon'ble Court on 02.08.2013, (Copy of Record of Proceedings dated 02.08.2013 already included in the paper books) as such the matters above mentioned are listed before the Hon'ble Court with this office report. Dated this the 3rd day of November, 2014. ASSISTANT REGISTRAR Copy to :- Mr. Nikhil Jain, Adv. Mr. Ravindra Agrawal, Adv. Mr. Kamal Mohan Gupta, Adv. Mr. J.S. Chhabra, Adv. Mr. Namita Chaudhary, Adv. Mr. Balbir Singh Gupta, Adv. Mr. A. Venayagam Balan, Adv. Mr. S. K. Sabharwal, Adv. Mr. Ajay Pal, Adv. Ms. Kavita Wadia, Adv. Dr. Monika Gusain, Adv. ASSISTANT REGISTRAR Rajesh

1 ITEM NO.28 COURT NO.6 SECTION IVB 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 (C) No(s).11684/2012 (Arising out of impugned final judgment and order dated 17/01/2011 in CWP No. 16277/2010 passed by the High Court Of Punjab & Haryana At Chandigarh) STATE OF PUNJAB & ORS. Petitioner(s) VERSUS RAFIQ MASIH (WHITE WASHER) Respondent(s) (With interim relief and office report) WITH S.L.P.(C)...CC No. 14663/2010 (With Office Report) S.L.P.(C)...CC No. 20144/2010 (With Office Report) S.L.P.(C)...CC No. 9303/2011 (With Office Report) S.L.P.(C)...CC No. 15876/2011 (With Office Report) S.L.P.(C)...CC No. 16190/2011 (With Office Report) S.L.P.(C)...CC No. 16303/2011 (With Office Report) S.L.P.(C)...CC No. 16309/2011 (With Office Report) S.L.P.(C)...CC No. 16325/2011 (With Office Report) S.L.P.(C)...CC No. 16326/2011 (With Office Report) S.L.P.(C)...CC No. 16327/2011 (With Office Report) S.L.P.(C)...CC No. 16350/2011 (With Office Report) S.L.P.(C)...CC No. 16548/2011 (With Office Report) S.L.P.(C)...CC No. 16580/2011 (With Office Report) S.L.P.(C)...CC No. 16582/2011 (With Office Report) S.L.P.(C)...CC No. 16594/2011 (With Office Report) S.L.P.(C)...CC No. 16723/2011 (With appln.(s) for c/delay in filing SLP and appln.(s) for c/delay in refiling SLP and Office Report) S.L.P.(C)...CC No. 16850/2011

2 (With Office Report) S.L.P.(C)...CC No. 16904/2011 (With Office Report) S.L.P.(C)...CC No. 17192/2011 (With appln.(s) for c/delay in filing SLP and appln.(s) for c/delay in refiling SLP and Office Report) S.L.P.(C)...CC No. 17193/2011 (With Office Report) S.L.P.(C)...CC No. 17201/2011 (With Office Report) S.L.P.(C)...CC No. 17204/2011 (With Office Report) S.L.P.(C)...CC No. 17388/2011 (With Office Report) S.L.P.(C)...CC No. 17507/2011 (With Office Report) S.L.P.(C)...CC No. 17508/2011 (With Office Report) S.L.P.(C)...CC No. 17534/2011 (With Office Report) S.L.P.(C)...CC No. 17709/2011 (With Office Report) S.L.P.(C)...CC No. 17711/2011 (With Office Report) S.L.P.(C)...CC No. 17735/2011 (With Office Report) S.L.P.(C)...CC No. 17798/2011 (With Office Report) S.L.P.(C)...CC No. 17835/2011 (With Office Report) S.L.P.(C)...CC No. 17846/2011 (With Office Report) S.L.P.(C)...CC No. 17888/2011 (With Office Report) S.L.P.(C)...CC No. 18227/2011 (With Office Report) S.L.P.(C)...CC No. 18261/2011 (With appln.(s) for c/delay in filing SLP and appln.(s) for c/delay in refiling SLP and Office Report) S.L.P.(C)...CC No. 18286/2011 (With Office Report) S.L.P.(C)...CC No. 18310/2011 (With Office Report) S.L.P.(C)...CC No. 18312/2011 (With Office Report) S.L.P.(C)...CC No. 18337/2011 (With Office Report) S.L.P.(C)...CC No. 18423/2011 (With Office Report) S.L.P.(C)...CC No. 18524/2011 (With Office Report) S.L.P.(C)...CC No. 18525/2011 (With Office Report)

3 S.L.P.(C)...CC No. 18526/2011 (With Office Report) S.L.P.(C)...CC No. 18527/2011 (With Office Report) S.L.P.(C)...CC No. 18535/2011 (With Office Report) S.L.P.(C)...CC No. 18536/2011 (With Office Report) S.L.P.(C)...CC No. 18628/2011 (With Office Report) S.L.P.(C)...CC No. 18630/2011 (With Office Report) S.L.P.(C)...CC No. 18767/2011 (With Office Report) S.L.P.(C)...CC No. 18769/2011 (With Office Report) S.L.P.(C)...CC No. 18784/2011 (With Office Report) S.L.P.(C)...CC No. 18796/2011 (With Office Report) S.L.P.(C)...CC No. 18802/2011 (With Office Report) S.L.P.(C)...CC No. 18805/2011 (With Office Report) S.L.P.(C)...CC No. 18834/2011 (With Office Report) S.L.P.(C)...CC No. 18857/2011 (With Office Report) S.L.P.(C)...CC No. 18960/2011 (With Office Report) S.L.P.(C)...CC No. 19116/2011 (With Office Report) S.L.P.(C)...CC No. 19236/2011 (With Office Report) S.L.P.(C)...CC No. 19527/2011 (With Office Report) S.L.P.(C)...CC No. 19552/2011 (With Office Report) S.L.P.(C)...CC No. 19556/2011 (With Office Report) S.L.P.(C)...CC No. 19580/2011 (With Office Report) S.L.P.(C)...CC No. 19590/2011 (With Office Report) S.L.P.(C)...CC No. 19594/2011 (With Office Report) S.L.P.(C)...CC No. 19597/2011 (With Office Report) S.L.P.(C)...CC No. 19599/2011 (With Office Report) S.L.P.(C)...CC No. 19601/2011 (With Office Report) S.L.P.(C)...CC No. 19663/2011

4 (With Office Report) S.L.P.(C)...CC No. 19727/2011 (With Office Report) S.L.P.(C)...CC No. 19837/2011 (With Office Report) S.L.P.(C)...CC No. 19864/2011 (With Office Report) S.L.P.(C)...CC No. 20022/2011 (With Office Report) S.L.P.(C)...CC No. 20024/2011 (With Office Report) S.L.P.(C)...CC No. 20048/2011 (With Office Report) S.L.P.(C)...CC No. 20291/2011 (With Office Report) S.L.P.(C)...CC No. 20454/2011 (With Office Report) S.L.P.(C)...CC No. 20794/2011 (With Office Report) S.L.P.(C)...CC No. 20891/2011 (With Office Report) S.L.P.(C)...CC No. 21915/2011 (With Office Report) S.L.P.(C)...CC No. 22255/2011 (With Office Report) S.L.P.(C)...CC No. 22256/2011 (With Office Report) S.L.P.(C)...CC No. 22257/2011 (With Office Report) SLP(C) No. 30473/2011 (With Interim Relief and Office Report) SLP(C) No. 33651/2011 (With Office Report) SLP(C) No. 35876/2011 (With Office Report) S.L.P.(C)...CC No. 133/2012 (With Office Report) S.L.P.(C)...CC No. 178/2012 (With Office Report) S.L.P.(C)...CC No. 434/2012 (With Office Report) S.L.P.(C)...CC No. 887/2012 (With Office Report) S.L.P.(C)...CC No. 1147/2012 (With Office Report) S.L.P.(C)...CC No. 1166/2012 (With Office Report) S.L.P.(C)...CC No. 1168/2012 (With Office Report) S.L.P.(C)...CC No. 1188/2012 (With Office Report) S.L.P.(C)...CC No. 1200/2012 (With Office Report)

5 S.L.P.(C)...CC No. 1291/2012 (With Office Report) S.L.P.(C)...CC No. 1303/2012 (With Office Report) S.L.P.(C)...CC No. 1306/2012 (With Office Report) S.L.P.(C)...CC No. 1391/2012 (With Office Report) S.L.P.(C)...CC No. 1596/2012 (With Office Report) S.L.P.(C)...CC No. 1637/2012 (With Office Report) S.L.P.(C)...CC No. 1644/2012 (With Office Report) S.L.P.(C)...CC No. 1653/2012 (With Office Report) S.L.P.(C)...CC No. 1657/2012 (With Office Report) S.L.P.(C)...CC No. 1739/2012 (With Office Report) S.L.P.(C)...CC No. 1864/2012 (With Office Report) S.L.P.(C)...CC No. 1869/2012 (With Office Report) S.L.P.(C)...CC No. 1928/2012 (With Office Report) S.L.P.(C)...CC No. 1935/2012 (With Office Report) S.L.P.(C)...CC No. 2209/2012 (With Office Report) S.L.P.(C)...CC No. 2798/2012 (With Office Report) S.L.P.(C)...CC No. 2818/2012 (With Office Report) S.L.P.(C)...CC No. 2821/2012 (With Office Report) S.L.P.(C)...CC No. 2832/2012 (With Office Report) SLP(C) No. 4822/2012 (With Interim Relief and Office Report) S.L.P.(C)...CC No. 6093/2012 (With Office Report) S.L.P.(C)...CC No. 6483/2012 (With Office Report) S.L.P.(C)...CC No. 6604/2012 (With Office Report) S.L.P.(C)...CC No. 6632-6633/2012 (With Office Report) S.L.P.(C)...CC No. 6659/2012 (With Office Report) SLP(C) No. 6692/2012 (With Interim Relief and Office Report) S.L.P.(C)...CC No. 6800/2012

6 (With Office Report) S.L.P.(C)...CC No. 6829/2012 (With Office Report) S.L.P.(C)...CC No. 10109/2012 (With Office Report) SLP(C) No. 11690/2012 (With Office Report) SLP(C) No. 11693/2012 (With Office Report) SLP(C) No. 11694/2012 (With Office Report) SLP(C) No. 11697/2012 (With Office Report) SLP(C) No. 11699/2012 (With appln.(s) for permission to bring additional facts and documents on record and Office Report) SLP(C) No. 11702/2012 (With Office Report) SLP(C) No. 11703/2012 (With Office Report) SLP(C) No. 11704/2012 (With Office Report) SLP(C) No. 11705/2012 (With Office Report) SLP(C) No. 11706/2012 (With Office Report) SLP(C) No. 11707/2012 (With Office Report) SLP(C) No. 11709/2012 (With Office Report) SLP(C) No. 11710/2012 (With Office Report) SLP(C) No. 11712/2012 (With Office Report) S.L.P.(C)...CC No. 12769/2012 (With Office Report) S.L.P.(C)...CC No. 13044/2012 (With Office Report) S.L.P.(C)...CC No. 13114/2012 (With Office Report) S.L.P.(C)...CC No. 13300/2012 (With Office Report) SLP(C) No. 26306/2012 (With Office Report) SLP(C) No. 26307/2012 (With Office Report) SLP(C) No. 26308/2012 (With Office Report) SLP(C) No. 26386/2012 (With Office Report) SLP(C) No. 26388/2012 (With Office Report) SLP(C) No. 26389/2012

7 (With Office Report) SLP(C) No. 26391/2012 (With Office Report) SLP(C) No. 28655/2012 (With Office Report) SLP(C) No. 28812/2012 (With Office Report) SLP(C) No. 28813/2012 (With Office Report) SLP(C) No. 28814/2012 (With Office Report) SLP(C) No. 28815/2012 (With Office Report) SLP(C) No. 28816/2012 (With Office Report) SLP(C) No. 28817/2012 (With Office Report) SLP(C) No. 28818/2012 (With Office Report) SLP(C) No. 28819/2012 (With Office Report) SLP(C) No. 28823/2012 (With Office Report) SLP(C) No. 28824/2012 (With Office Report) SLP(C) No. 28825/2012 (With Office Report) SLP(C) No. 28827/2012 (With Office Report) SLP(C) No. 28828/2012 (With Office Report) SLP(C) No. 28829/2012 (With Office Report) SLP(C) No. 30246/2012 (With Interim Relief and Office Report) SLP(C) No. 30751/2012 (With Office Report) SLP(C) No. 33343/2012 (With Office Report) SLP(C) No. 33345/2012 (With Office Report) SLP(C) No. 33347/2012 (With Office Report) SLP(C) No. 33348/2012 (With Office Report) SLP(C) No. 33350/2012 (With Office Report) SLP(C) No. 33352/2012 (With Office Report) SLP(C) No. 33353/2012 (With Office Report) SLP(C) No. 33354/2012 (With Office Report)

8 SLP(C) No. 33356/2012 (With Office Report) SLP(C) No. 35328/2012 (With Office Report) SLP(C) No. 37149/2012 (With Office Report) SLP(C) No. 37151/2012 (With Office Report) SLP(C) No. 37152/2012 (With Office Report) SLP(C) No. 37153/2012 (With Office Report) SLP(C) No. 37154/2012 (With Office Report) SLP(C) No. 39202/2012 (With Office Report) SLP(C) No. 519/2013 (With Office Report) SLP(C) No. 523/2013 (With Office Report) SLP(C) No. 524/2013 (With Office Report) S.L.P.(C)...CC No. 2335/2013 (With Office Report) SLP(C) No. 5751/2013 (With Office Report) SLP(C) No. 5753/2013 (With Office Report) SLP(C) No. 5765/2013 (With Office Report) SLP(C) No. 5810/2013 (With Office Report) SLP(C) No. 5821/2013 (With Office Report) SLP(C) No. 5838/2013 (With Office Report) S.L.P.(C)...CC No. 6861/2013 (With Office Report) SLP(C) No. 9907/2013 (With Office Report) SLP(C) No. 9909/2013 (With Office Report) SLP(C) No. 9911/2013 (With Office Report) SLP(C) No. 9912/2013 (With Office Report) SLP(C) No. 9913/2013 (With Office Report) SLP(C) No. 9914/2013 (With Office Report) SLP(C) No. 9915/2013 (With Office Report) SLP(C) No. 9916/2013

9 (With Office Report) SLP(C) No. 9918/2013 (With Office Report) SLP(C) No. 10927/2013 (With Office Report) SLP(C) No. 10928/2013 (With Office Report) SLP(C) No. 10929/2013 (With Office Report) SLP(C) No. 10930/2013 (With Office Report) SLP(C) No. 10931/2013 (With Office Report) SLP(C) No. 10933/2013 (With Office Report) SLP(C) No. 10934/2013 (With Office Report) SLP(C) No. 10935/2013 (With Office Report) SLP(C) No. 10936/2013 (With Office Report) SLP(C) No. 10938/2013 (With Office Report) SLP(C) No. 10939/2013 (With Office Report) SLP(C) No. 10940/2013 (With Office Report) SLP(C) No. 10941/2013 (With Office Report) SLP(C) No. 10942/2013 (With Office Report) SLP(C) No. 10943/2013 (With Office Report) SLP(C) No. 11068/2013 (With appln.(s) for placing addl. facts and documents on record and Office Report) SLP(C) No. 11069/2013 (With Office Report) SLP(C) No. 11072/2013 (With Office Report) SLP(C) No. 13021/2013 (With appln.(s) for c/delay in filing SLP and Office Report) SLP(C) No. 13023/2013 (With Office Report) SLP(C) No. 14780/2013 (With Office Report) SLP(C) No. 14782/2013 (With Office Report) SLP(C) No. 15299/2013 (With appln.(s) for c/delay in filing SLP and appln.(s) for c/delay in refiling SLP and Office Report) SLP(C) No. 15300/2013 (With Office Report)

10 SLP(C) No. 15301/2013 (With Office Report) SLP(C) No. 15302/2013 (With Office Report) SLP(C) No. 15303/2013 (With Office Report) SLP(C) No. 15305/2013 (With Office Report) SLP(C) No. 15307/2013 (With Office Report) SLP(C) No. 15852/2013 (With Office Report for Direction) SLP(C) No. 16788/2013 (With Office Report) SLP(C) No. 17618/2013 (With Office Report) SLP(C) No. 18880/2013 (With Office Report) SLP(C) No. 19469/2013 (With Office Report) SLP(C) No. 20529/2013 (With Office Report) SLP(C) No. 20830/2013 (With Office Report) SLP(C) No. 21492/2013 (With appln.(s) for c/delay in filing SLP and Interim Relief and Office Report) SLP(C) No. 21554/2013 (With Office Report) S.L.P.(C)...CC No. 3626/2014 (With appln.(s) for c/delay in filing SLP) SLP(C) No. 8086/2014 (With Interim Relief) SLP(C) No. 8103/2014 (With Interim Relief) Date : 10/10/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr.L.N.Rao, ASG Mr.Nikhil Nayyar, Adv. Mr. Jagjit Singh Chhabra, Adv. Mr. Ajay Pal, Adv. Mr. Kuldip Singh, Adv. Ms. Kaveeta Wadia, Adv. Mr. Jatinder Kumar Bhatia, Adv.

11 Ms. Naresh Bakshi, Adv. Mrs. Rachana Joshi Issar, Adv. Mr.Ambreen Rasool, Adv. For Respondent(s) Mr.Sudhir Walia, Adv. Ms.Niharika Ahluwalia, Adv. Mrs.Anjali Nair, Adv. Mr. Abhishek Atrey, Adv. Mr. Anis Ahmed Khan, Adv. Mr.Sidhant Pandeya, Adv. Mr.Rahul Dagar, Adv. Mr. Vineet Bhagat, Adv. Mr.Anand Mishra, Adv. Mr.Amrendra K.Singh, Adv. Dr. (Mrs.) Vipin Gupta, Adv. Mr. Ansar Ahmad Chaudhary, Adv. Mr.Dinesh Verma, Adv. Mr.Rajat Sharma, Adv. Mr. Subhasish Bhowmick, Adv. Mr. Satyendra Kumar, Adv. Mr.Yashpal Rangi, Adv. Mr. Kanhaiya Priyadarshi, Adv. Mr.Rajinder Singh, Adv. Mr.Mukesh K.Verma, Adv. Mr. Ashwani Bhardwaj, Adv. Mr.Shishpal Laler, Adv. Mr.S.K.Gupta, Adv. Mr.Neeraj Sharma, Adv. Mr. Balbir Singh Gupta, Adv. Ms. Namita Choudhary, Adv. Mr. Anil Kumar Tandale, Adv. Mrs. Kanchan Kaur Dhodi, Adv. Mr.Jetendra Singh, Adv. Mr.Vijendra Kumar Kaushik, Adv. Mr. S. K. Sabharwal, Adv. Ms.Priyanka Singh, Adv.

12 Mr.Ajay Kr.Singh, Adv. Ms.Shikha Roy, Adv. Mr.S.K.Sabharwal, Adv. Mr.Karan Dewan, Adv. Mr. Rahul Gupta, Adv. Mr. Sarad Kumar Singhania, Adv. Mr. S. L. Aneja, Adv. Mr. P. N. Puri, Adv. Mrs.Reeta Dewan Puri, Adv. Mr.Lekhraj, Adv. Mr.Debasis Misra, Adv. Mr.Himanshu Gupta, Adv. Mr.Joginder Sukhija, Adv. Mr.Harsh Chandra Pant, Adv. Mr.Ravinder Kumar, Adv. Upon hearing the counsel the Court made the following O R D E R List on 05.11.2014 at the top of the board. (SATISH KUMAR YADAV) (PHOOLAN WATI ARORA) COURT MASTER ASSISTANT REGISTRAR

SECTION IV B Listed on. 10.10.2014 IN THE SUPREME COURT OF INDIA Court No. 6 CIVIL APPELLATE JURISDICTION Item No. 28 PETITIONS FOR SPECIAL LEAVE TO APPEAL(CIVIL) NOS. SLP(C) 11684 OF 2012, CC NOS. 14663 of 2010, 20144 of 2010, 9303 of 2011, 15876 of 2011, 16190 of 2011, 16303 of 2011, 16309 of 2011, 16325 of 2011, 16326 of 2011, 16327 of 2011, 16350 of 2011, 16548 of 2011, 16580 of 2011, 16582 of 2011, 16594 of 2011, 16723 of 2011, 16850 of 2011, 16904 of 2011, 17192 of 2011, 17193 of 2011, 17201 of 2011, 17204 of 2011, 17388 of 2011, 17507 of 2011, 17508 of 2011, 17534 of 2011, 17709 of 2011, 17711 of 2011, 17735 of 2011, 17798 of 2011, 17835 of 2011, 17846 of 2011, 17888 of 2011, 18227 of 2011, 18261 of 2011, 18286 of 2011, 18310 of 2011, 18312 of 2011, 18337 of 2011, 18423 of 2011, 18524 of 2011, 18525 of 2011, 18526 of 2011, 18527 of 2011, 18535 of 2011, 18536 of 2011, 18628 of 2011, 18630 of 2011, 18767 of 2011, 18769 of 2011 , 18784 of 2011, 18796 of 2011, 18802 of 2011, 18805 of 2011, 18834 of 2011, 18857 of 2011, 18960 of 2011, 19116 of 2011, 19236 of 2011, 19527 of 2011, 19552 of 2011, 19556 of 2011, 19580 of 2011, 19590 of 2011, 19594 of 2011, 19597 of 2011, 19599 of 2011, 19601 of 2011, 19663 of 2011, 19727 of 2011, 19837 of 2011, 19864 of 2011, 20022 of 2011, 20024 of 2011, 20048 of 2011, 20291 of 2011, 20454 of 2011, 20794 of 2011, 20891 of 2011, 21915 of 2011, 22255 of 2011, 22256 of 2011, 22257 of 2011,SLP 30473 of 2011,, SLP 33651 of 2011, SLP 35876 of 2011, CC Nos. 133 of 2012, 178 of 2012, 434 of 2012, 887 of 2012, 1147 of 2012, 1166 of 2012, 1168 of 2012, 1188 of 2012, 1200 of 2012, 1291 of 2012, 1303 of 2012, 1306 of 2012, 1391 of 2012, 1596 of 2012, 1637 of 2012, 1644 of 2012,1653 of 2012, 1657 of 2012, 1739 of 2012, 1864 of 2012,1869 of 2012, 1928 of 2012, 1935 of 2012, 2209 of 2012, 2798 of 2012,2818 of 2012, 2821 of 2012, 2832 of 2012, SC 4822 of 2012, CC Nos. 6093 of 2012, 6483 of 2012, 6604 of 2012, CC 6632-6633 of 2012, 6659 of 2012, SC 6692 of 2012, CC Nos. 6800 of 2012, CC 6829 of 2012, CC 10109 of 2012,SC NOS. 11690 of 2012, 11693 of 2012, 11694 of 2012, 11697 of 2012, 11699 of 2012, 11702 of 2012, 11703 of 2012, 11704 of 2012, 11705 of 2012, 11706 of 2012, 11707 of 2012, 11709 of 2012, 11710 of 2012, 11712 of 2012, CC Nos. 12769 of 2012, 13044 of 20122, 13114 of 2012, CC 13300 of 2012, SC Nos. 26306 of 2012, 26307 of 2012, 26308 of 2012, 26386 of 2012, 26388 of 2012, 26389 of 2012, 26391 of 2012, 28655 of 2012, 28812 of 2012, 28813 of 2012, 28814 of 2012, 28815 of 2012,28816 of 2012, 28817 of 2012,28818 of 2012, 28819 of 2012,28823 of 2012, 28824 of 2012, 28825 of 2012, 28827 of 2012, 28828 of 2012, 28829 of 2012, 30246 of 2012, 30751 of 2012, 33343 of 2012, 33345 of 2012, 33347 of 2012, 33348 of 2012, 33350 of 2012, 33352 of 2012, 33353 of 2012, 33354 of 2012, 33356 of 2012, 35328 of 2012, 37149 of 2012, 37151 of 2012, 37152 of 2012, 37153 of 2012, 37154 of 2012, 39202 of 2012,SC Nos. 519 of 2013, 523 of 2013, 524 of 2013, CC 2335 of 2013,

SC Nos. 5751 of 2013, 5753 of 2013, 5765 of 2013, 5810 of 2013, 5821 of 2013, 5838 of 2013, CC 6861 of 2013, SC 9907 of 2013, 9909 of 2013, 9911 of 2013 9912 of 2013, 9913 of 2013, 9914 of 2013, 9915 of 2013, 9916 of 2013, 9918 of 2013, 10927 of 2013, 10928 of 2013, 10929 of 2013, 10930 of 2013, 10931 of 2013, 10933 of 2013, 10934 of 2013, 190935 of 2013, 10936 of 2013, 10938 of 2013, 10939 of 2013, 10940 of 2013, 10941 of 2013, 10942 of 2013, 10943 of 2013, 11068 of 2013, 11069 of 2013, 11072 of 2013, 13021 of 2013, 13023 of 2013, 14780 of 2013, 14782 of 2013, 15299 of 2013, 15300 of 2013, 15301 of 2013, 15302 of 2013, 15303 of 2013, 15305 of 2013, 15307 of 2013l, 15852 of 2013, 16788 of 2013, 17618 of 2013, 18880 of 2013, 19469 of 2013, 20529 of 2013, 20830 of 2013, 21492 of 2013, 21554 of 2013, CC 3626 of 2014, SC 8086 of 2014, 8103 of 2014. AND WITH PRAYER FOR INTERIM RELIEF AND INTERLOCUTORY APPLICATION NOS.1-2 (Applications for condonation of delay in filing and refiling the Special Leave Petitions) State of Punjab & Ors. ...Petitioner(s) Versus Rajiq Masih (White Washer) & Etc. ...Respondent(s) OFFICE REPORT The matters above mentioned were listed before the Hon'ble Court on 08.07.2014 with the office report order dated 07.07.2014 when the Court was pleased to pass the following order :- “ 1.These batch of matters are placed before Mr. Umang Shankar, Advocate. for authoritative pronouncement on the apparent difference of opinion expressed on one hand in the cases of Shyam Babu Verma and Ors. v. Union of India & Ors. (1994) 2 SCC 521 and Sahib Ram Verma v. State of Haryana (1995) Supp. 1 SCC 18 and on the other hand, in Chandi Prasad Uniyal and Ors. v. State of Uttarakhand & Ors. (2012) 8 SCC 417. The order of reference made by this Court reads as under : "In View of an apparent difference of views expressed on the one hand in Shyam Babu Verma and Ors. vs. Union of India & Ors. (1994) 2 SCC 521 and Sahib Ram Verma vs. State of Haryana (1995)

Supp. 1 SCC 18; and on the other hand in Chandi Prasad Uniyal and Ors. vs. State of Uttarakhand & Ors. (2012) 8 SCC 417, we are of the view that the remaining special leave petitions should be placed before a Bench of Three Judges. The Registry is accordingly directed to place the file of the remaining special leave petitions before the Hon'ble the Chief Justice of India for taking instructions for the constitution of a Bench of Three Judges, to adjudicate upon the present controversy." 2. The issue in this matter pertains to the recovery of excess money from the pensionary benefit of the respondent-white washer, on account of a wrong fixation of pay by the Petitioner No. 4- The Executive Engineer. The respondent approached the High Court by filing a writ petition. The question of law for consideration before the High Court was: whether the Government is entitled to recover from an employee any payment made in excess of what the employee is otherwise entitled to, in the absence of any fraud or misrepresentation on the part of the employee. The High Court relies on a Full Bench decision, and directed not to recover the excess amount from the respondent. 3. We have heard Shri L. N. Rao, learned Additional Solicitor General and the learned counsel for the respondents. 4. To answer the reference, the decisions need to be considered. 5. In Shyam Babu Verma's case (Supra), this Court while observing that the petitioners-therein were not entitled to the higher pay scales, had come to the conclusion that since the amount has already been paid to the petitioner, for no fault of theirs, the said amount shall not be recovered by the respondent-Union of India. The observations made by this Court in the said case are as under: "Although we have held that the petitioners were entitled only to the pay scale of Rs.330-480 in terms of the recommendations of the Third Pay Commission w.e.f.

January 1, 1973 and only after the period of 10 years, they became entitled to the pay scale of Rs.330-560 but as they have received the scale of Rs.330-560 since 1973 due to no fault of theirs and that scale is being reduced in the year 1984 with effect from January 1, 1973, it shall only be just and proper not to recover any excess amount which has already been paid to them. (emphasis supplied)." 6. In Sahib Ram Verma's case (Supra), this Court once againv held that although the appellant-therein did not possess the required educational qualification, yet the Principal granting him the relaxation, had paid his salary on the revised pay scale. This Court further observed that this was not on account of mis-representation made by the appellant but by a mistake committed by the Principal. In a fact situation of that nature, the Court was pleased to observe that the amount already paid to the appellant need not be recovered. In the words of the Court: "Admittedly the appellant does not possess the required educational qualifications. Under the circumstances the appellant would not be entitled to the relaxation. The principal erred in granting him the relaxation. Since the date of relaxation the appellant had been paid his salary on the revised scale. However, it is not on account of any misrepresentation made by the appellant that the benefit of the higher pay scale was given to him but by wrong construction made by the Principal for which appellant cannot be held to be fault. Under the circumstances the amount paid till date may not be recovered from the appellant." 7. In our considered view, the observations made by the Court not to recover the excess amount paid to the appellant-therein were in exercise of its extra-ordinary powers under Article 142 of the Constitution of India which vest the power in this Court to pass equitable orders in the ends of justice.

8. In Chandi Prasad Uniyal's case (Supra), a specific issue was raised and canvassed. The issue was whether the appellant-therein can retain the amount received on the basis of irregular/wrong pay fixation in the absence of any misrepresentation or fraud on his part. The Court after taking into consideration the various decisions of this Court had come to the conclusion that even if by mistake of the employer the amount is paid to the employee and on a later date if the employer after proper determination of the same discovers that the excess payment is made by mistake or negligence, the excess payment so made could be recovered. While holding so this Court observed at paragraphs14 and 16 as under: "14. We are concerned with the excess payment of public money which is often described as "taxpayers' money" which belongs neither to the officers who have effected overpayment nor to the recipients. We fail to see whey the concept of fraud or misrepresentation is being brought in such situations. The question to be asked is whether excess money has been paid or not, may be due to a bona fide mistake. Possibly, effecting excess payment of public money by the government officers may be due to various reason like negligence, carelessness, collusion, favouritism, etc. because money in such situation does not belong to the payer or the payee. Situations may also arise where both the payer and the payee are at fault, then the mistake is mutual. Payments are being effected in many situations without any authority of law and payments have been received by the recipients also without any authority of law. Any amount paid/received without the authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right, in such situations law implies an obligation on the payee to repay the money, otherwise it would amount to unjust enrichment. 16. The appellant in the appeal will not fall in any of these exceptional categories, over and above, there was a

stipulation in the fixation order that in the condition of irregular/wrong pay fixation, the institution in which the appellants were working would be responsible for recovery of the amount received in excess from the salary/pension. In such circumstances, we find no reason to interfere with the judgment of the High Court. However we order that excess payment made be recovered from the appellants salary in 12 equal monthly instalments." 9. In our view, the law laid down in Chandi Prasad Uniyal's case, no way conflicts with the observations made by this Court in the other two cases. In those decisions, directions were issued in exercise of the powers of this Court under Article 142 of the Constitution, but in the subsequent decision this Court under Article 136 of the Constitution, in laying down the law had dismissed the petition of the employee. This Court in a number of cases had battled with tracing the contours of the provision in Article 136 and 142 of the Constitution of India. Distinctively, although the words employed under the two aforesaid provision speak of the powers of this Court, the former vest a plenary jurisdiction in supreme court in the matter of entertaining and hearing of appeals by granting special leave against any judgment or order made by a Court or Tribunal in any cause or matter. The powers are plenary to the extent that they are paramount to the limitations under the specific provisions for appeal contained in the Constitution or other laws. Article 142 of the Constitution of India, on the other hand is a step ahead of the powers envisaged under Article 136 of the Constitution of India. It is the exercise of jurisdiction to pass such enforceable decree or order as is necessary for doing `complete justice' in any cause or matter. The word `complete justice' was fraught with uncertainty until Article 142 of the Constitution received its first interpretation in Prem Chand Garg v. Excise Commissioner, U.P., AIR (1963) SC 996 which added a rider to the exercise of wide extraordinary powers by laying down that though the powers are wide, the same is an ancillary power and can be used when not expressly in conflict with the substantive provisions of law. This view was endorsed by a

Nine-Judges Bench in Naresh Shridhar Mirajkar v. State of Maharashtra, (1966) 3 SCR 744 reiterated by a Seven Judge Bench in A.R. Antulay v. R.S. Nayak, (1988) 2 SCC 602 and finally settled in the Supreme Court Bar Association v. Union of India, (1998) 4 SCC 409. 10. Article 136 of the Constitution of India, confers a wide discretionary power on the Supreme Court to interfere in suitable cases. Article 136 is a special jurisdiction and can be best described in the words of this Court in Ramakant Rai v. Madab Rai, (2003) 12 SCC 395, "It is a residuary power, it is extraordinary in its amplitude, its limits when it chases injustice, is the sky itself". Article 136 of the Constitution of India was legislatively intended to be exercised by the Highest Court of the Land, with scrupulous adherence to the settled judicial principle well established by precedents in our jurisprudence. Article 136 of the Constitution is a corrective jurisdiction that vest a discretion in the Supreme Court to settle the law clear and as forthrightly forwarded in the case of Union of India v. Karnail Singh, (1995) 2 SCC 728, it makes the law operational to make it a binding precedent for the future instead of keeping it vague. In short, it declares the law, as under Article 141 of the Constitution. 11. Article 142 of the Constitution of India is supplementary in nature and cannot supplant the substantive provisions, though they are not limited by the substantive provisions in the statute. It is a power that gives preference to equity over law. It is a justice oriented approach as against the strict rigors of the law. The directions issued by the court can normally be categorized into one, in the nature of moulding of relief and the other, as the declaration of law. `Declaration of Law' as contemplated in Article 141 of the Constitution: is the speech express or necessarily implied by the Highest Court of the land. This Court in the case of Indian Bank v. ABS Marine Products (P) Ltd., 2006 5 SCC 72, Ram Pravesh Singh v. State of Bihar, (2006) 8 SCC 381 and in State of U.P. v. Neeraj Awasthi (2006) 1 SCC 667, has expounded the principle and extolled the power of Article 142 of the Constitution of India to new heights by laying

down that the directions issued under Article 142 do not constitute a binding precedent unlike Article 141 of the Constitution of India. They are direction issued to do proper justice and exercise of such power, cannot be considered as law laid down by the Supreme Court under Article 141 of the Constitution of India. The Court have compartmentalized and differentiated the relief in the operative portion of the judgment by exercise of powers under Article 142 of the Constitution as against the law declared. The directions of the Court under Article 142 of the Constitution, while moulding the relief, that relax the application of law or exempt the case in hand from the rigour of the law in view of the peculiar facts and circumstances do not comprise the ratio decidendi and therefore lose its basic premise of making it a binding precedent. This Court on the qui vive has expanded the horizons of Article 142 of the Constitution by keeping it outside the purview of Article 141 of the Constitution and by declaring it a direction of the Court that changes its complexion with the peculiarity in the facts and circumstances of the case. 12. Therefore, in our opinion, the decisions of the Court based on different scales of Article 136 and Article 142 of the Constitution of India cannot be best weighed on the same grounds of reasoning and thus in view of the aforesaid discussion, there is no conflict in the views expressed in the firsttwo judgments and the latter judgment. 13. In that view of the above, we are of the considered opinion that reference was unnecessary. Therefore, without answering the reference, we send back the matters to the Division Bench for its appropriate disposal. Ordered accordingly.”

Latest Service position of each matter is as follows:- SLP No. Total Responden ts Through Advocate Through A.D./Da sti Neither A.D nor unserved cover Remarks 11684/12 1 1 - - Complete 11697/12 5 - - - Incomplete 11702/12 1 - - - Incomplete 11690/12 1 1 - - Complete no C/A 11705/12 1 - - - Incomplete 11706/12 1 1 - - Complete C/A 11709/12 1 - 1 - Complete 11712/12 1 1 - - Complete No C/A 11707/12 1 1 - - Complete N. C/A 11710/12 1 1 - - Incomplete 11704/12 1 - 1 - Complete N. C/A 11699/12 1 - - - Complete no C/A 11693/12 1 - - - Incomplete 11694/12 1 - - - Complete 11703/12 1 - 1 - Complete 35328/12 1 - 1 - Complete 37153/12 1 - 1 - Complete 37152/12 1 1 - - Complete 37154/12 2 - 2 - Complete 37151/12 1 - 1 - Complete

37149/12 1 - 1 - Complete 39202/12 1 - - - Incomplete 13021/13 Sole - - - Incomplete 13023/13 Sole - - - Incomplete 14780/13 3 - 1 & 2 - Incomplete 14782/13 Sole - - - Incomplet e 15852/13 Sole - Sole Respond ent has sent an affidav it but has not filed memo of appeara nce so far. - However service is complete 15299/13 Sole 1 - - Incomplete 15300/13 Sole - 1 - Incomplete 15301/13 Sole 1 - - Incomplete 15302/13 Sole 1 - - Incomplete 15303/13 Sole Mr. Vineet Bhagat, Advocate - - Complete(C /A not filed)

15305/13 Sole - - - Incomplete 15307/13 5 - 2,3 - Incomplete 16788/13 2 - - Both Incomplete 18880/13 1 - - 1 Incomplete 19469/13 1 - - 1 Incomplete 17618/13 1 1 - - Complete 26306/12 3 - 1-3 - Complete 26307/12 1 - - 1 Incomplete 28813/12 1 - - 1 Incomplete 28814/12 1 - - 1 Incomplete 28815/12 1 - - 1 Incomplete 28816/12 1 - - 1 Incomplete 28817/12 1 1 - - Complete 28818/12 1 - - 1 Incomplete 28819/12 1 - - 1 Incomplete 28825/12 1 - - 1 Incomplete 28827/12 1 - - 1 Incomplete

28655/12 20 - - 1-20 Incomplete 28823/12 1 - - 1 Incomplete 28824/12 1 - - 1 Incomplete 28829/12 1 1 - - Complete 28828/12 1 - - 1 Incomplete 30751/12 1 - - 1 Incomplete 28812/12 1 - - 1 Incomplete 26391/12 1 Sole - - Complete 26388/12 1 - - 1-5 Incomplete 26389/12 1 1 - - Complete 26386/12 1 - - 1 Incomplete 33343/12 1 - - 1 Incomplete 30246/12 1 - - 1 Incomplete 33347/12 1 - - 1 Incomplete 33348/12 1 - - 1 Incomplete 33350/12 1 - - 1 Incomplete 33352/12 1 - - 1 Incomplete 33353/12 1 - - 1 Incomplete

26308/12 1 - - 1 Incomplete 21554/13 1 - - 1 Incomplete 33356/12 4 - - 1 to 4 Incomplete 33354/12 1 - - 1 Incomplete 33345/12 1 - - 1 Incomplete 20529/13 1 - - 1 Incomplete 20830/13 1 - - 1 Incomplete 10927/13 Sole - - Sole Incomplete 10928/13 Sole Sole - Complete 10929/13 Sole - - Sole Incomplete 10930/13 Sole Sole - Complete 10931/13 Sole - - Incomplete 10933/13 3 - 1-3 Complete 10934/13 Sole - SOle Complete 10935/13 Sole - - Complete 10936/13 Sole - V/A Complete 10938/13 Sole - - Incomplete 10939/13 Sole - V/A Complete

10940/13 Sole - V/A Complete 10941/13 Sole - - - Incomplete 10942/13 Sole - - - Incomplete 10943/13 Sole - - - Incomplete 11068/13 33 - 1-7,9-1 1,13-33 12,8 8 dead Complete. No steps has been taken on behalf of R-8 till date. 11069/13 Sole V/A Sole - Complete 11072/13 Sole V/A Sole - Complete 519/13 Sole - A.D. Card - Complete 523/13 Sole - - Neither A.D Incomplete 524/13 Sole - A.D. Card Complete 8086/14 Sole - - Neither A.D. Card Nor unserved cover Incomplete 8103/14 Sole - - Neither A.D. Card Nor unserved cover Incomplete CC Nos. 9303 of 2011, 6093 of 2012, 6483 of 2012, 6659 of 2012, 6829 of 2012, 6604 of 2012, 6800 of 2012, 6632-6633 of 2012, 17192 of

2011, 17193 of 2011, 17201 of 2011, 17204 of 2011, 17388 of 2011, 17507 of 2011, 17508 of 2011, 17534 of 2011, 17709 of 2011, 17711 of 2011, 17735 of 2011, 17798 of 2011, 17835 of 2011, 17846 of 2011, 17888 of 2011, 20144 of 2010, 13300 of 2012, 13044 of 2012, 12769 of 2012, 13114 of 2012, 15876 of 2011,CC 16190 of 2011, 16303, 16309, 16325 of 2011,16326 of 2011, 16327 of 2011,16350 of 2011, 16548 of 2011, 16580 of 2011, 16582 of 2011, 16594 of 2011, 16723 of 2011, 16850 of 2011, 16904 of 2011, 887 of 2012, 1147 of 2012, 1166 of 2012, 1168 of 2012, 1188 of 2012, 1200 of 2012, 1291 of 2012, 1303 of 2012, 1306 of 2012, 1391 of 2012, 1596 of 2012, 1657 of 2012, 1653 of 2012, 133 of 2012, 178 of 2012, 434 of 2012, 1637 of 2012, 1644 of 2012, 1739 of 2012, 1864 of 2012, 1869 of 2012, 1928 of 2012, 1935 of 2012, 2209 of 2012, 2798 of 2012, 2818 of 2012, 2821 of 2012, 2832 of 2012, SLP(C) 4822 of 2012, SLP(C) 6692 of 2012, CC nos. 10109 of 2012, 6861 of 2013, 19663 of 2011, 19552 of 2011, 19864 of 2011, 19556 of 2011, 19727 of 2011, 19527 of 2011, 19597 of 2011, 18960 of 2011, 18796 of 2011, 18834 of 2011, 18802 of 2011, 18805 of 2011, 20022 of 2011, 18526 of 2011, 18535 of 2011, 18525 of 2011, 18524 of 2011, 18310 of 2011, 18286 of 2011, 18423 of 2011, 18212 of 2011, 19580 of 2011, 18261 of 2011, 20048 of 2011, 19236 of 2011, 18536 of 5011, 18767 of 2011, 18769 of 2011, 19837 of 2011, 19599 of 2011, 19601 of 2011 , 19590 of 2011, 18827 of 2011, 18630 of 2011, 20291 of 2011, 20454 of 2011, 20024 of 2011, 19116 of 2011, 18784 of 2011, 20794 of 2011, 20891 of 2011, 22257 of 2011, 22255 of 2011, 22256 of 2011, 2335 of 2013, SLP(C) 33651 of 2011 , SLP(C) 35876 of 2011. These matter were listed before the Hon'ble Court on 02.12.2011 etc. etc., when the Court was please to pass the following order:- “ List after the matter [S.L.P(C) NO. 24607/2010] is heard” It is submitted that SLP(C)No. 24607/2010 was disposed by this Hon'ble Court on 02.08.2013, (Copy of Record of Proceedings dated 02.08.2013 already included in the paper books) as such the matters above mentioned are listed before the Hon'ble Court with this office

report. Dated this the 9th day of October, 2014. ASSISTANT REGISTRAR Copy to :- Mr. Nikhil Jain, Adv. Mr. Ravindra Agrawal, Adv. Mr. Kamal Mohan Gupta, Adv. Mr. J.S. Chhabra, Adv. Mr. Namita Chaudhary, Adv. Mr. Balbir Singh Gupta, Adv. Mr. A. Venayagam Balan, Adv. Mr. S. K. Sabharwal, Adv. Mr. Ajay Pal, Adv. Ms. Kavita Wadia, Adv. Dr. Monika Gusain, Adv. ASSISTANT REGISTRAR Rajesh

SECTION IV B Listed on. 10.10.2014 IN THE SUPREME COURT OF INDIA Court No. 6 CIVIL APPELLATE JURISDICTION Item No. 28 PETITIONS FOR SPECIAL LEAVE TO APPEAL(CIVIL) NOS. SLP(C) 11684 OF 2012, CC NOS. 14663 of 2010, 20144 of 2010, 9303 of 2011, 15876 of 2011, 16190 of 2011, 16303 of 2011, 16309 of 2011, 16325 of 2011, 16326 of 2011, 16327 of 2011, 16350 of 2011, 16548 of 2011, 16580 of 2011, 16582 of 2011, 16594 of 2011, 16723 of 2011, 16850 of 2011, 16904 of 2011, 17192 of 2011, 17193 of 2011, 17201 of 2011, 17204 of 2011, 17388 of 2011, 17507 of 2011, 17508 of 2011, 17534 of 2011, 17709 of 2011, 17711 of 2011, 17735 of 2011, 17798 of 2011, 17835 of 2011, 17846 of 2011, 17888 of 2011, 18227 of 2011, 18261 of 2011, 18286 of 2011, 18310 of 2011, 18312 of 2011, 18337 of 2011, 18423 of 2011, 18524 of 2011, 18525 of 2011, 18526 of 2011, 18527 of 2011, 18535 of 2011, 18536 of 2011, 18628 of 2011, 18630 of 2011, 18767 of 2011, 18769 of 2011 , 18784 of 2011, 18796 of 2011, 18802 of 2011, 18805 of 2011, 18834 of 2011, 18857 of 2011, 18960 of 2011, 19116 of 2011, 19236 of 2011, 19527 of 2011, 19552 of 2011, 19556 of 2011, 19580 of 2011, 19590 of 2011, 19594 of 2011, 19597 of 2011, 19599 of 2011, 19601 of 2011, 19663 of 2011, 19727 of 2011, 19837 of 2011, 19864 of 2011, 20022 of 2011, 20024 of 2011, 20048 of 2011, 20291 of 2011, 20454 of 2011, 20794 of 2011, 20891 of 2011, 21915 of 2011, 22255 of 2011, 22256 of 2011, 22257 of 2011,SLP 30473 of 2011,, SLP 33651 of 2011, SLP 35876 of 2011, CC Nos. 133 of 2012, 178 of 2012, 434 of 2012, 887 of 2012, 1147 of 2012, 1166 of 2012, 1168 of 2012, 1188 of 2012, 1200 of 2012, 1291 of 2012, 1303 of 2012, 1306 of 2012, 1391 of 2012, 1596 of 2012, 1637 of 2012, 1644 of 2012,1653 of 2012, 1657 of 2012, 1739 of 2012, 1864 of 2012,1869 of 2012, 1928 of 2012, 1935 of 2012, 2209 of 2012, 2798 of 2012,2818 of 2012, 2821 of 2012, 2832 of 2012, SC 4822 of 2012, CC Nos. 6093 of 2012, 6483 of 2012, 6604 of 2012, CC 6632-6633 of 2012, 6659 of 2012, SC 6692 of 2012, CC Nos. 6800 of 2012, CC 6829 of 2012, CC 10109 of 2012,SC NOS. 11690 of 2012, 11693 of 2012, 11694 of 2012, 11697 of 2012, 11699 of 2012, 11702 of 2012, 11703 of 2012, 11704 of 2012, 11705 of 2012, 11706 of 2012, 11707 of 2012, 11709 of 2012, 11710 of 2012, 11712 of 2012, CC Nos. 12769 of 2012, 13044 of 20122, 13114 of 2012, CC 13300 of 2012, SC Nos. 26306 of 2012, 26307 of 2012, 26308 of 2012, 26386 of 2012, 26388 of 2012, 26389 of 2012, 26391 of 2012, 28655 of 2012, 28812 of 2012, 28813 of 2012, 28814 of 2012, 28815 of 2012,28816 of 2012, 28817 of 2012,28818 of 2012, 28819 of 2012,28823 of 2012, 28824 of 2012, 28825 of 2012, 28827 of 2012, 28828 of 2012, 28829 of 2012, 30246 of 2012, 30751 of 2012, 33343 of 2012, 33345 of 2012, 33347 of 2012, 33348 of 2012, 33350 of 2012, 33352 of 2012, 33353 of 2012, 33354 of 2012, 33356 of 2012, 35328 of 2012, 37149 of 2012, 37151 of 2012, 37152 of 2012, 37153 of 2012, 37154 of 2012, 39202 of 2012,SC Nos. 519 of 2013, 523 of 2013, 524 of 2013, CC 2335 of 2013,

SC Nos. 5751 of 2013, 5753 of 2013, 5765 of 2013, 5810 of 2013, 5821 of 2013, 5838 of 2013, CC 6861 of 2013, SC 9907 of 2013, 9909 of 2013, 9911 of 2013 9912 of 2013, 9913 of 2013, 9914 of 2013, 9915 of 2013, 9916 of 2013, 9918 of 2013, 10927 of 2013, 10928 of 2013, 10929 of 2013, 10930 of 2013, 10931 of 2013, 10933 of 2013, 10934 of 2013, 190935 of 2013, 10936 of 2013, 10938 of 2013, 10939 of 2013, 10940 of 2013, 10941 of 2013, 10942 of 2013, 10943 of 2013, 11068 of 2013, 11069 of 2013, 11072 of 2013, 13021 of 2013, 13023 of 2013, 14780 of 2013, 14782 of 2013, 15299 of 2013, 15300 of 2013, 15301 of 2013, 15302 of 2013, 15303 of 2013, 15305 of 2013, 15307 of 2013l, 15852 of 2013, 16788 of 2013, 17618 of 2013, 18880 of 2013, 19469 of 2013, 20529 of 2013, 20830 of 2013, 21492 of 2013, 21554 of 2013, CC 3626 of 2014, SC 8086 of 2014, 8103 of 2014. AND WITH PRAYER FOR INTERIM RELIEF AND INTERLOCUTORY APPLICATION NOS.1-2 (Applications for condonation of delay in filing and refiling the Special Leave Petitions) State of Punjab & Ors. ...Petitioner(s) Versus Rajiq Masih (White Washer) & Etc. ...Respondent(s) OFFICE REPORT The matters above mentioned were listed before the Hon'ble Court on 08.07.2014 with the office report order dated 07.07.2014 when the Court was pleased to pass the following order :- “ 1.These batch of matters are placed before Mr. Umang Shankar, Advocate. for authoritative pronouncement on the apparent difference of opinion expressed on one hand in the cases of Shyam Babu Verma and Ors. v. Union of India & Ors. (1994) 2 SCC 521 and Sahib Ram Verma v. State of Haryana (1995) Supp. 1 SCC 18 and on the other hand, in Chandi Prasad Uniyal and Ors. v. State of Uttarakhand & Ors. (2012) 8 SCC 417. The order of reference made by this Court reads as under : "In View of an apparent difference of views expressed on the one hand in Shyam Babu Verma and Ors. vs. Union of India & Ors. (1994) 2 SCC 521 and Sahib Ram Verma vs. State of Haryana (1995)

Supp. 1 SCC 18; and on the other hand in Chandi Prasad Uniyal and Ors. vs. State of Uttarakhand & Ors. (2012) 8 SCC 417, we are of the view that the remaining special leave petitions should be placed before a Bench of Three Judges. The Registry is accordingly directed to place the file of the remaining special leave petitions before the Hon'ble the Chief Justice of India for taking instructions for the constitution of a Bench of Three Judges, to adjudicate upon the present controversy." 2. The issue in this matter pertains to the recovery of excess money from the pensionary benefit of the respondent-white washer, on account of a wrong fixation of pay by the Petitioner No. 4- The Executive Engineer. The respondent approached the High Court by filing a writ petition. The question of law for consideration before the High Court was: whether the Government is entitled to recover from an employee any payment made in excess of what the employee is otherwise entitled to, in the absence of any fraud or misrepresentation on the part of the employee. The High Court relies on a Full Bench decision, and directed not to recover the excess amount from the respondent. 3. We have heard Shri L. N. Rao, learned Additional Solicitor General and the learned counsel for the respondents. 4. To answer the reference, the decisions need to be considered. 5. In Shyam Babu Verma's case (Supra), this Court while observing that the petitioners-therein were not entitled to the higher pay scales, had come to the conclusion that since the amount has already been paid to the petitioner, for no fault of theirs, the said amount shall not be recovered by the respondent-Union of India. The observations made by this Court in the said case are as under: "Although we have held that the petitioners were entitled only to the pay scale of Rs.330-480 in terms of the recommendations of the Third Pay Commission w.e.f.

January 1, 1973 and only after the period of 10 years, they became entitled to the pay scale of Rs.330-560 but as they have received the scale of Rs.330-560 since 1973 due to no fault of theirs and that scale is being reduced in the year 1984 with effect from January 1, 1973, it shall only be just and proper not to recover any excess amount which has already been paid to them. (emphasis supplied)." 6. In Sahib Ram Verma's case (Supra), this Court once againv held that although the appellant-therein did not possess the required educational qualification, yet the Principal granting him the relaxation, had paid his salary on the revised pay scale. This Court further observed that this was not on account of mis-representation made by the appellant but by a mistake committed by the Principal. In a fact situation of that nature, the Court was pleased to observe that the amount already paid to the appellant need not be recovered. In the words of the Court: "Admittedly the appellant does not possess the required educational qualifications. Under the circumstances the appellant would not be entitled to the relaxation. The principal erred in granting him the relaxation. Since the date of relaxation the appellant had been paid his salary on the revised scale. However, it is not on account of any misrepresentation made by the appellant that the benefit of the higher pay scale was given to him but by wrong construction made by the Principal for which appellant cannot be held to be fault. Under the circumstances the amount paid till date may not be recovered from the appellant." 7. In our considered view, the observations made by the Court not to recover the excess amount paid to the appellant-therein were in exercise of its extra-ordinary powers under Article 142 of the Constitution of India which vest the power in this Court to pass equitable orders in the ends of justice.

8. In Chandi Prasad Uniyal's case (Supra), a specific issue was raised and canvassed. The issue was whether the appellant-therein can retain the amount received on the basis of irregular/wrong pay fixation in the absence of any misrepresentation or fraud on his part. The Court after taking into consideration the various decisions of this Court had come to the conclusion that even if by mistake of the employer the amount is paid to the employee and on a later date if the employer after proper determination of the same discovers that the excess payment is made by mistake or negligence, the excess payment so made could be recovered. While holding so this Court observed at paragraphs14 and 16 as under: "14. We are concerned with the excess payment of public money which is often described as "taxpayers' money" which belongs neither to the officers who have effected overpayment nor to the recipients. We fail to see whey the concept of fraud or misrepresentation is being brought in such situations. The question to be asked is whether excess money has been paid or not, may be due to a bona fide mistake. Possibly, effecting excess payment of public money by the government officers may be due to various reason like negligence, carelessness, collusion, favouritism, etc. because money in such situation does not belong to the payer or the payee. Situations may also arise where both the payer and the payee are at fault, then the mistake is mutual. Payments are being effected in many situations without any authority of law and payments have been received by the recipients also without any authority of law. Any amount paid/received without the authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right, in such situations law implies an obligation on the payee to repay the money, otherwise it would amount to unjust enrichment. 16. The appellant in the appeal will not fall in any of these exceptional categories, over and above, there was a

stipulation in the fixation order that in the condition of irregular/wrong pay fixation, the institution in which the appellants were working would be responsible for recovery of the amount received in excess from the salary/pension. In such circumstances, we find no reason to interfere with the judgment of the High Court. However we order that excess payment made be recovered from the appellants salary in 12 equal monthly instalments." 9. In our view, the law laid down in Chandi Prasad Uniyal's case, no way conflicts with the observations made by this Court in the other two cases. In those decisions, directions were issued in exercise of the powers of this Court under Article 142 of the Constitution, but in the subsequent decision this Court under Article 136 of the Constitution, in laying down the law had dismissed the petition of the employee. This Court in a number of cases had battled with tracing the contours of the provision in Article 136 and 142 of the Constitution of India. Distinctively, although the words employed under the two aforesaid provision speak of the powers of this Court, the former vest a plenary jurisdiction in supreme court in the matter of entertaining and hearing of appeals by granting special leave against any judgment or order made by a Court or Tribunal in any cause or matter. The powers are plenary to the extent that they are paramount to the limitations under the specific provisions for appeal contained in the Constitution or other laws. Article 142 of the Constitution of India, on the other hand is a step ahead of the powers envisaged under Article 136 of the Constitution of India. It is the exercise of jurisdiction to pass such enforceable decree or order as is necessary for doing `complete justice' in any cause or matter. The word `complete justice' was fraught with uncertainty until Article 142 of the Constitution received its first interpretation in Prem Chand Garg v. Excise Commissioner, U.P., AIR (1963) SC 996 which added a rider to the exercise of wide extraordinary powers by laying down that though the powers are wide, the same is an ancillary power and can be used when not expressly in conflict with the substantive provisions of law. This view was endorsed by a

Nine-Judges Bench in Naresh Shridhar Mirajkar v. State of Maharashtra, (1966) 3 SCR 744 reiterated by a Seven Judge Bench in A.R. Antulay v. R.S. Nayak, (1988) 2 SCC 602 and finally settled in the Supreme Court Bar Association v. Union of India, (1998) 4 SCC 409. 10. Article 136 of the Constitution of India, confers a wide discretionary power on the Supreme Court to interfere in suitable cases. Article 136 is a special jurisdiction and can be best described in the words of this Court in Ramakant Rai v. Madab Rai, (2003) 12 SCC 395, "It is a residuary power, it is extraordinary in its amplitude, its limits when it chases injustice, is the sky itself". Article 136 of the Constitution of India was legislatively intended to be exercised by the Highest Court of the Land, with scrupulous adherence to the settled judicial principle well established by precedents in our jurisprudence. Article 136 of the Constitution is a corrective jurisdiction that vest a discretion in the Supreme Court to settle the law clear and as forthrightly forwarded in the case of Union of India v. Karnail Singh, (1995) 2 SCC 728, it makes the law operational to make it a binding precedent for the future instead of keeping it vague. In short, it declares the law, as under Article 141 of the Constitution. 11. Article 142 of the Constitution of India is supplementary in nature and cannot supplant the substantive provisions, though they are not limited by the substantive provisions in the statute. It is a power that gives preference to equity over law. It is a justice oriented approach as against the strict rigors of the law. The directions issued by the court can normally be categorized into one, in the nature of moulding of relief and the other, as the declaration of law. `Declaration of Law' as contemplated in Article 141 of the Constitution: is the speech express or necessarily implied by the Highest Court of the land. This Court in the case of Indian Bank v. ABS Marine Products (P) Ltd., 2006 5 SCC 72, Ram Pravesh Singh v. State of Bihar, (2006) 8 SCC 381 and in State of U.P. v. Neeraj Awasthi (2006) 1 SCC 667, has expounded the principle and extolled the power of Article 142 of the Constitution of India to new heights by laying

down that the directions issued under Article 142 do not constitute a binding precedent unlike Article 141 of the Constitution of India. They are direction issued to do proper justice and exercise of such power, cannot be considered as law laid down by the Supreme Court under Article 141 of the Constitution of India. The Court have compartmentalized and differentiated the relief in the operative portion of the judgment by exercise of powers under Article 142 of the Constitution as against the law declared. The directions of the Court under Article 142 of the Constitution, while moulding the relief, that relax the application of law or exempt the case in hand from the rigour of the law in view of the peculiar facts and circumstances do not comprise the ratio decidendi and therefore lose its basic premise of making it a binding precedent. This Court on the qui vive has expanded the horizons of Article 142 of the Constitution by keeping it outside the purview of Article 141 of the Constitution and by declaring it a direction of the Court that changes its complexion with the peculiarity in the facts and circumstances of the case. 12. Therefore, in our opinion, the decisions of the Court based on different scales of Article 136 and Article 142 of the Constitution of India cannot be best weighed on the same grounds of reasoning and thus in view of the aforesaid discussion, there is no conflict in the views expressed in the firsttwo judgments and the latter judgment. 13. In that view of the above, we are of the considered opinion that reference was unnecessary. Therefore, without answering the reference, we send back the matters to the Division Bench for its appropriate disposal. Ordered accordingly.”

Latest Service position of each matter is as follows:- SLP No. Total Responden ts Through Advocate Through A.D./Da sti Neither A.D nor unserved cover Remarks 11684/12 1 1 - - Complete 11697/12 5 - - - Incomplete 11702/12 1 - - - Incomplete 11690/12 1 1 - - Complete no C/A 11705/12 1 - - - Incomplete 11706/12 1 1 - - Complete C/A 11709/12 1 - 1 - Complete 11712/12 1 1 - - Complete No C/A 11707/12 1 1 - - Complete N. C/A 11710/12 1 1 - - Incomplete 11704/12 1 - 1 - Complete N. C/A 11699/12 1 - - - Complete no C/A 11693/12 1 - - - Incomplete 11694/12 1 - - - Complete 11703/12 1 - 1 - Complete 35328/12 1 - 1 - Complete 37153/12 1 - 1 - Complete 37152/12 1 1 - - Complete 37154/12 2 - 2 - Complete 37151/12 1 - 1 - Complete

37149/12 1 - 1 - Complete 39202/12 1 - - - Incomplete 13021/13 Sole - - - Incomplete 13023/13 Sole - - - Incomplete 14780/13 3 - 1 & 2 - Incomplete 14782/13 Sole - - - Incomplet e 15852/13 Sole - Sole Respond ent has sent an affidav it but has not filed memo of appeara nce so far. - However service is complete 15299/13 Sole 1 - - Incomplete 15300/13 Sole - 1 - Incomplete 15301/13 Sole 1 - - Incomplete 15302/13 Sole 1 - - Incomplete 15303/13 Sole Mr. Vineet Bhagat, Advocate - - Complete(C /A not filed)

15305/13 Sole - - - Incomplete 15307/13 5 - 2,3 - Incomplete 16788/13 2 - - Both Incomplete 18880/13 1 - - 1 Incomplete 19469/13 1 - - 1 Incomplete 17618/13 1 1 - - Complete 26306/12 3 - 1-3 - Complete 26307/12 1 - - 1 Incomplete 28813/12 1 - - 1 Incomplete 28814/12 1 - - 1 Incomplete 28815/12 1 - - 1 Incomplete 28816/12 1 - - 1 Incomplete 28817/12 1 1 - - Complete 28818/12 1 - - 1 Incomplete 28819/12 1 - - 1 Incomplete 28825/12 1 - - 1 Incomplete 28827/12 1 - - 1 Incomplete

28655/12 20 - - 1-20 Incomplete 28823/12 1 - - 1 Incomplete 28824/12 1 - - 1 Incomplete 28829/12 1 1 - - Complete 28828/12 1 - - 1 Incomplete 30751/12 1 - - 1 Incomplete 28812/12 1 - - 1 Incomplete 26391/12 1 Sole - - Complete 26388/12 1 - - 1-5 Incomplete 26389/12 1 1 - - Complete 26386/12 1 - - 1 Incomplete 33343/12 1 - - 1 Incomplete 30246/12 1 - - 1 Incomplete 33347/12 1 - - 1 Incomplete 33348/12 1 - - 1 Incomplete 33350/12 1 - - 1 Incomplete 33352/12 1 - - 1 Incomplete 33353/12 1 - - 1 Incomplete

26308/12 1 - - 1 Incomplete 21554/13 1 - - 1 Incomplete 33356/12 4 - - 1 to 4 Incomplete 33354/12 1 - - 1 Incomplete 33345/12 1 - - 1 Incomplete 20529/13 1 - - 1 Incomplete 20830/13 1 - - 1 Incomplete 10927/13 Sole - - Sole Incomplete 10928/13 Sole Sole - Complete 10929/13 Sole - - Sole Incomplete 10930/13 Sole Sole - Complete 10931/13 Sole - - Incomplete 10933/13 3 - 1-3 Complete 10934/13 Sole - SOle Complete 10935/13 Sole - - Complete 10936/13 Sole - V/A Complete 10938/13 Sole - - Incomplete 10939/13 Sole - V/A Complete

10940/13 Sole - V/A Complete 10941/13 Sole - - - Incomplete 10942/13 Sole - - - Incomplete 10943/13 Sole - - - Incomplete 11068/13 33 - 1-7,9-1 1,13-33 12,8 8 dead Complete. No steps has been taken on behalf of R-8 till date. 11069/13 Sole V/A Sole - Complete 11072/13 Sole V/A Sole - Complete 519/13 Sole - A.D. Card - Complete 523/13 Sole - - Neither A.D Incomplete 524/13 Sole - A.D. Card Complete 8086/14 Sole - - Neither A.D. Card Nor unserved cover Incomplete 8103/14 Sole - - Neither A.D. Card Nor unserved cover Incomplete CC Nos. 9303 of 2011, 6093 of 2012, 6483 of 2012, 6659 of 2012, 6829 of 2012, 6604 of 2012, 6800 of 2012, 6632-6633 of 2012, 17192 of

2011, 17193 of 2011, 17201 of 2011, 17204 of 2011, 17388 of 2011, 17507 of 2011, 17508 of 2011, 17534 of 2011, 17709 of 2011, 17711 of 2011, 17735 of 2011, 17798 of 2011, 17835 of 2011, 17846 of 2011, 17888 of 2011, 20144 of 2010, 13300 of 2012, 13044 of 2012, 12769 of 2012, 13114 of 2012, 15876 of 2011,CC 16190 of 2011, 16303, 16309, 16325 of 2011,16326 of 2011, 16327 of 2011,16350 of 2011, 16548 of 2011, 16580 of 2011, 16582 of 2011, 16594 of 2011, 16723 of 2011, 16850 of 2011, 16904 of 2011, 887 of 2012, 1147 of 2012, 1166 of 2012, 1168 of 2012, 1188 of 2012, 1200 of 2012, 1291 of 2012, 1303 of 2012, 1306 of 2012, 1391 of 2012, 1596 of 2012, 1657 of 2012, 1653 of 2012, 133 of 2012, 178 of 2012, 434 of 2012, 1637 of 2012, 1644 of 2012, 1739 of 2012, 1864 of 2012, 1869 of 2012, 1928 of 2012, 1935 of 2012, 2209 of 2012, 2798 of 2012, 2818 of 2012, 2821 of 2012, 2832 of 2012, SLP(C) 4822 of 2012, SLP(C) 6692 of 2012, CC nos. 10109 of 2012, 6861 of 2013, 19663 of 2011, 19552 of 2011, 19864 of 2011, 19556 of 2011, 19727 of 2011, 19527 of 2011, 19597 of 2011, 18960 of 2011, 18796 of 2011, 18834 of 2011, 18802 of 2011, 18805 of 2011, 20022 of 2011, 18526 of 2011, 18535 of 2011, 18525 of 2011, 18524 of 2011, 18310 of 2011, 18286 of 2011, 18423 of 2011, 18212 of 2011, 19580 of 2011, 18261 of 2011, 20048 of 2011, 19236 of 2011, 18536 of 5011, 18767 of 2011, 18769 of 2011, 19837 of 2011, 19599 of 2011, 19601 of 2011 , 19590 of 2011, 18827 of 2011, 18630 of 2011, 20291 of 2011, 20454 of 2011, 20024 of 2011, 19116 of 2011, 18784 of 2011, 20794 of 2011, 20891 of 2011, 22257 of 2011, 22255 of 2011, 22256 of 2011, 2335 of 2013, SLP(C) 33651 of 2011 , SLP(C) 35876 of 2011. These matter were listed before the Hon'ble Court on 02.12.2011 etc. etc., when the Court was please to pass the following order:- “ List after the matter [S.L.P(C) NO. 24607/2010] is heard” It is submitted that SLP(C)No. 24607/2010 was disposed by this Hon'ble Court on 02.08.2013, (Copy of Record of Proceedings dated 02.08.2013 already included in the paper books) as such the matters above mentioned are listed before the Hon'ble Court with this office

report. Dated this the 9th day of October, 2014. ASSISTANT REGISTRAR Copy to :- Mr. Nikhil Jain, Adv. Mr. Ravindra Agrawal, Adv. Mr. Kamal Mohan Gupta, Adv. Mr. J.S. Chhabra, Adv. Mr. Namita Chaudhary, Adv. Mr. Balbir Singh Gupta, Adv. Mr. A. Venayagam Balan, Adv. Mr. S. K. Sabharwal, Adv. Mr. Ajay Pal, Adv. Ms. Kavita Wadia, Adv. Dr. Monika Gusain, Adv. ASSISTANT REGISTRAR Rajesh

\201 1 ITEM NO.28 COURT NO.6 SECTION IVB 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 (C) No(s).11684/2012 (Arising out of impugned final judgment and order dated 17/01/2011 in CWP No. 16277/2010 passed by the High Court Of Punjab & Haryana At Chandigarh) STATE OF PUNJAB & ORS. Petitioner(s) VERSUS RAFIQ MASIH (WHITE WASHER) Respondent(s) (With interim relief and office report) WITH S.L.P.(C)...CC No. 14663/2010 (With Office Report) S.L.P.(C)...CC No. 20144/2010 (With Office Report) S.L.P.(C)...CC No. 9303/2011 (With Office Report) S.L.P.(C)...CC No. 15876/2011 (With Office Report) S.L.P.(C)...CC No. 16190/2011 (With Office Report) S.L.P.(C)...CC No. 16303/2011 (With Office Report) S.L.P.(C)...CC No. 16309/2011 (With Office Report) S.L.P.(C)...CC No. 16325/2011 (With Office Report) S.L.P.(C)...CC No. 16326/2011 (With Office Report) S.L.P.(C)...CC No. 16327/2011 (With Office Report) S.L.P.(C)...CC No. 16350/2011 (With Office Report) S.L.P.(C)...CC No. 16548/2011 (With Office Report) S.L.P.(C)...CC No. 16580/2011 (With Office Report) S.L.P.(C)...CC No. 16582/2011 (With Office Report)Signature Not Verified S.L.P.(C)...CC No. 16594/2011Digitally signed bySatish Kumar YadavDate: 2014.10.11 (With Office Report)13:15:55 ISTReason: S.L.P.(C)...CC No. 16723/2011 (With appln.(s) for c/delay in filing SLP and appln.(s) for c/delay in refiling SLP and Office Report) S.L.P.(C)...CC No. 16850/2011 2(With Office Report)

S.L.P.(C)...CC No. 16904/2011(With Office Report)S.L.P.(C)...CC No. 17192/2011(With appln.(s) for c/delay in filing SLP and appln.(s) for c/delayin refiling SLP and Office Report)S.L.P.(C)...CC No. 17193/2011(With Office Report)S.L.P.(C)...CC No. 17201/2011(With Office Report)S.L.P.(C)...CC No. 17204/2011(With Office Report)S.L.P.(C)...CC No. 17388/2011(With Office Report)S.L.P.(C)...CC No. 17507/2011(With Office Report)S.L.P.(C)...CC No. 17508/2011(With Office Report)S.L.P.(C)...CC No. 17534/2011(With Office Report)S.L.P.(C)...CC No. 17709/2011(With Office Report)S.L.P.(C)...CC No. 17711/2011(With Office Report)S.L.P.(C)...CC No. 17735/2011(With Office Report)S.L.P.(C)...CC No. 17798/2011(With Office Report)S.L.P.(C)...CC No. 17835/2011(With Office Report)S.L.P.(C)...CC No. 17846/2011(With Office Report)S.L.P.(C)...CC No. 17888/2011(With Office Report)S.L.P.(C)...CC No. 18227/2011(With Office Report)S.L.P.(C)...CC No. 18261/2011(With appln.(s) for c/delay in filing SLP and appln.(s) for c/delayin refiling SLP and Office Report)S.L.P.(C)...CC No. 18286/2011(With Office Report)S.L.P.(C)...CC No. 18310/2011(With Office Report)S.L.P.(C)...CC No. 18312/2011(With Office Report)S.L.P.(C)...CC No. 18337/2011(With Office Report)S.L.P.(C)...CC No. 18423/2011(With Office Report)S.L.P.(C)...CC No. 18524/2011(With Office Report)S.L.P.(C)...CC No. 18525/2011(With Office Report) 3S.L.P.(C)...CC No. 18526/2011(With Office Report)S.L.P.(C)...CC No. 18527/2011(With Office Report)S.L.P.(C)...CC No. 18535/2011(With Office Report)S.L.P.(C)...CC No. 18536/2011(With Office Report)S.L.P.(C)...CC No. 18628/2011(With Office Report)S.L.P.(C)...CC No. 18630/2011(With Office Report)S.L.P.(C)...CC No. 18767/2011(With Office Report)S.L.P.(C)...CC No. 18769/2011

(With Office Report)S.L.P.(C)...CC No. 18784/2011(With Office Report)S.L.P.(C)...CC No. 18796/2011(With Office Report)S.L.P.(C)...CC No. 18802/2011(With Office Report)S.L.P.(C)...CC No. 18805/2011(With Office Report)S.L.P.(C)...CC No. 18834/2011(With Office Report)S.L.P.(C)...CC No. 18857/2011(With Office Report)S.L.P.(C)...CC No. 18960/2011(With Office Report)S.L.P.(C)...CC No. 19116/2011(With Office Report)S.L.P.(C)...CC No. 19236/2011(With Office Report)S.L.P.(C)...CC No. 19527/2011(With Office Report)S.L.P.(C)...CC No. 19552/2011(With Office Report)S.L.P.(C)...CC No. 19556/2011(With Office Report)S.L.P.(C)...CC No. 19580/2011(With Office Report)S.L.P.(C)...CC No. 19590/2011(With Office Report)S.L.P.(C)...CC No. 19594/2011(With Office Report)S.L.P.(C)...CC No. 19597/2011(With Office Report)S.L.P.(C)...CC No. 19599/2011(With Office Report)S.L.P.(C)...CC No. 19601/2011(With Office Report)S.L.P.(C)...CC No. 19663/2011 4(With Office Report)S.L.P.(C)...CC No. 19727/2011(With Office Report)S.L.P.(C)...CC No. 19837/2011(With Office Report)S.L.P.(C)...CC No. 19864/2011(With Office Report)S.L.P.(C)...CC No. 20022/2011(With Office Report)S.L.P.(C)...CC No. 20024/2011(With Office Report)S.L.P.(C)...CC No. 20048/2011(With Office Report)S.L.P.(C)...CC No. 20291/2011(With Office Report)S.L.P.(C)...CC No. 20454/2011(With Office Report)S.L.P.(C)...CC No. 20794/2011(With Office Report)S.L.P.(C)...CC No. 20891/2011(With Office Report)S.L.P.(C)...CC No. 21915/2011(With Office Report)S.L.P.(C)...CC No. 22255/2011(With Office Report)S.L.P.(C)...CC No. 22256/2011(With Office Report)S.L.P.(C)...CC No. 22257/2011(With Office Report)

SLP(C) No. 30473/2011(With Interim Relief and Office Report)SLP(C) No. 33651/2011(With Office Report)SLP(C) No. 35876/2011(With Office Report)S.L.P.(C)...CC No. 133/2012(With Office Report)S.L.P.(C)...CC No. 178/2012(With Office Report)S.L.P.(C)...CC No. 434/2012(With Office Report)S.L.P.(C)...CC No. 887/2012(With Office Report)S.L.P.(C)...CC No. 1147/2012(With Office Report)S.L.P.(C)...CC No. 1166/2012(With Office Report)S.L.P.(C)...CC No. 1168/2012(With Office Report)S.L.P.(C)...CC No. 1188/2012(With Office Report)S.L.P.(C)...CC No. 1200/2012(With Office Report) 5S.L.P.(C)...CC No. 1291/2012(With Office Report)S.L.P.(C)...CC No. 1303/2012(With Office Report)S.L.P.(C)...CC No. 1306/2012(With Office Report)S.L.P.(C)...CC No. 1391/2012(With Office Report)S.L.P.(C)...CC No. 1596/2012(With Office Report)S.L.P.(C)...CC No. 1637/2012(With Office Report)S.L.P.(C)...CC No. 1644/2012(With Office Report)S.L.P.(C)...CC No. 1653/2012(With Office Report)S.L.P.(C)...CC No. 1657/2012(With Office Report)S.L.P.(C)...CC No. 1739/2012(With Office Report)S.L.P.(C)...CC No. 1864/2012(With Office Report)S.L.P.(C)...CC No. 1869/2012(With Office Report)S.L.P.(C)...CC No. 1928/2012(With Office Report)S.L.P.(C)...CC No. 1935/2012(With Office Report)S.L.P.(C)...CC No. 2209/2012(With Office Report)S.L.P.(C)...CC No. 2798/2012(With Office Report)S.L.P.(C)...CC No. 2818/2012(With Office Report)S.L.P.(C)...CC No. 2821/2012(With Office Report)S.L.P.(C)...CC No. 2832/2012(With Office Report)SLP(C) No. 4822/2012(With Interim Relief and Office Report)S.L.P.(C)...CC No. 6093/2012(With Office Report)S.L.P.(C)...CC No. 6483/2012

(With Office Report)S.L.P.(C)...CC No. 6604/2012(With Office Report)S.L.P.(C)...CC No. 6632-6633/2012(With Office Report)S.L.P.(C)...CC No. 6659/2012(With Office Report)SLP(C) No. 6692/2012(With Interim Relief and Office Report)S.L.P.(C)...CC No. 6800/2012 6(With Office Report)S.L.P.(C)...CC No. 6829/2012(With Office Report)S.L.P.(C)...CC No. 10109/2012(With Office Report)SLP(C) No. 11690/2012(With Office Report)SLP(C) No. 11693/2012(With Office Report)SLP(C) No. 11694/2012(With Office Report)SLP(C) No. 11697/2012(With Office Report)SLP(C) No. 11699/2012(With appln.(s) for permission to bring additional facts anddocuments on record and Office Report)SLP(C) No. 11702/2012(With Office Report)SLP(C) No. 11703/2012(With Office Report)SLP(C) No. 11704/2012(With Office Report)SLP(C) No. 11705/2012(With Office Report)SLP(C) No. 11706/2012(With Office Report)SLP(C) No. 11707/2012(With Office Report)SLP(C) No. 11709/2012(With Office Report)SLP(C) No. 11710/2012(With Office Report)SLP(C) No. 11712/2012(With Office Report)S.L.P.(C)...CC No. 12769/2012(With Office Report)S.L.P.(C)...CC No. 13044/2012(With Office Report)S.L.P.(C)...CC No. 13114/2012(With Office Report)S.L.P.(C)...CC No. 13300/2012(With Office Report)SLP(C) No. 26306/2012(With Office Report)SLP(C) No. 26307/2012(With Office Report)SLP(C) No. 26308/2012(With Office Report)SLP(C) No. 26386/2012(With Office Report)SLP(C) No. 26388/2012(With Office Report)SLP(C) No. 26389/2012 7(With Office Report)SLP(C) No. 26391/2012

(With Office Report)SLP(C) No. 28655/2012(With Office Report)SLP(C) No. 28812/2012(With Office Report)SLP(C) No. 28813/2012(With Office Report)SLP(C) No. 28814/2012(With Office Report)SLP(C) No. 28815/2012(With Office Report)SLP(C) No. 28816/2012(With Office Report)SLP(C) No. 28817/2012(With Office Report)SLP(C) No. 28818/2012(With Office Report)SLP(C) No. 28819/2012(With Office Report)SLP(C) No. 28823/2012(With Office Report)SLP(C) No. 28824/2012(With Office Report)SLP(C) No. 28825/2012(With Office Report)SLP(C) No. 28827/2012(With Office Report)SLP(C) No. 28828/2012(With Office Report)SLP(C) No. 28829/2012(With Office Report)SLP(C) No. 30246/2012(With Interim Relief and Office Report)SLP(C) No. 30751/2012(With Office Report)SLP(C) No. 33343/2012(With Office Report)SLP(C) No. 33345/2012(With Office Report)SLP(C) No. 33347/2012(With Office Report)SLP(C) No. 33348/2012(With Office Report)SLP(C) No. 33350/2012(With Office Report)SLP(C) No. 33352/2012(With Office Report)SLP(C) No. 33353/2012(With Office Report)SLP(C) No. 33354/2012(With Office Report) 8SLP(C) No. 33356/2012(With Office Report)SLP(C) No. 35328/2012(With Office Report)SLP(C) No. 37149/2012(With Office Report)SLP(C) No. 37151/2012(With Office Report)SLP(C) No. 37152/2012(With Office Report)SLP(C) No. 37153/2012(With Office Report)SLP(C) No. 37154/2012(With Office Report)SLP(C) No. 39202/2012(With Office Report)

SLP(C) No. 519/2013(With Office Report)SLP(C) No. 523/2013(With Office Report)SLP(C) No. 524/2013(With Office Report)S.L.P.(C)...CC No. 2335/2013(With Office Report)SLP(C) No. 5751/2013(With Office Report)SLP(C) No. 5753/2013(With Office Report)SLP(C) No. 5765/2013(With Office Report)SLP(C) No. 5810/2013(With Office Report)SLP(C) No. 5821/2013(With Office Report)SLP(C) No. 5838/2013(With Office Report)S.L.P.(C)...CC No. 6861/2013(With Office Report)SLP(C) No. 9907/2013(With Office Report)SLP(C) No. 9909/2013(With Office Report)SLP(C) No. 9911/2013(With Office Report)SLP(C) No. 9912/2013(With Office Report)SLP(C) No. 9913/2013(With Office Report)SLP(C) No. 9914/2013(With Office Report)SLP(C) No. 9915/2013(With Office Report)SLP(C) No. 9916/2013 9(With Office Report)SLP(C) No. 9918/2013(With Office Report)SLP(C) No. 10927/2013(With Office Report)SLP(C) No. 10928/2013(With Office Report)SLP(C) No. 10929/2013(With Office Report)SLP(C) No. 10930/2013(With Office Report)SLP(C) No. 10931/2013(With Office Report)SLP(C) No. 10933/2013(With Office Report)SLP(C) No. 10934/2013(With Office Report)SLP(C) No. 10935/2013(With Office Report)SLP(C) No. 10936/2013(With Office Report)SLP(C) No. 10938/2013(With Office Report)SLP(C) No. 10939/2013(With Office Report)SLP(C) No. 10940/2013(With Office Report)SLP(C) No. 10941/2013(With Office Report)SLP(C) No. 10942/2013

(With Office Report)SLP(C) No. 10943/2013(With Office Report)SLP(C) No. 11068/2013(With appln.(s) for placing addl. facts and documents on record andOffice Report)SLP(C) No. 11069/2013(With Office Report)SLP(C) No. 11072/2013(With Office Report)SLP(C) No. 13021/2013(With appln.(s) for c/delay in filing SLP and Office Report)SLP(C) No. 13023/2013(With Office Report)SLP(C) No. 14780/2013(With Office Report)SLP(C) No. 14782/2013(With Office Report)SLP(C) No. 15299/2013(With appln.(s) for c/delay in filing SLP and appln.(s) for c/delayin refiling SLP and Office Report)SLP(C) No. 15300/2013(With Office Report) 10SLP(C) No. 15301/2013(With Office Report)SLP(C) No. 15302/2013(With Office Report)SLP(C) No. 15303/2013(With Office Report)SLP(C) No. 15305/2013(With Office Report)SLP(C) No. 15307/2013(With Office Report)SLP(C) No. 15852/2013(With Office Report for Direction)SLP(C) No. 16788/2013(With Office Report)SLP(C) No. 17618/2013(With Office Report)SLP(C) No. 18880/2013(With Office Report)SLP(C) No. 19469/2013(With Office Report)SLP(C) No. 20529/2013(With Office Report)SLP(C) No. 20830/2013(With Office Report)SLP(C) No. 21492/2013(With appln.(s) for c/delay in filing SLP and Interim Relief andOffice Report)SLP(C) No. 21554/2013(With Office Report)S.L.P.(C)...CC No. 3626/2014(With appln.(s) for c/delay in filing SLP)SLP(C) No. 8086/2014(With Interim Relief)SLP(C) No. 8103/2014(With Interim Relief)Date : 10/10/2014 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE ARUN MISHRAFor Petitioner(s) Mr.L.N.Rao, ASG Mr.Nikhil Nayyar, Adv.

Mr. Jagjit Singh Chhabra, Adv. Mr. Ajay Pal, Adv. Mr. Kuldip Singh, Adv. Ms. Kaveeta Wadia, Adv. Mr. Jatinder Kumar Bhatia, Adv. 11 Ms. Naresh Bakshi, Adv. Mrs. Rachana Joshi Issar, Adv. Mr.Ambreen Rasool, Adv.For Respondent(s) Mr.Sudhir Walia, Adv. Ms.Niharika Ahluwalia, Adv. Mrs.Anjali Nair, Adv. Mr. Abhishek Atrey, Adv. Mr. Anis Ahmed Khan, Adv. Mr.Sidhant Pandeya, Adv. Mr.Rahul Dagar, Adv. Mr. Vineet Bhagat, Adv. Mr.Anand Mishra, Adv. Mr.Amrendra K.Singh, Adv. Dr. (Mrs.) Vipin Gupta, Adv. Mr. Ansar Ahmad Chaudhary, Adv. Mr.Dinesh Verma, Adv. Mr.Rajat Sharma, Adv. Mr. Subhasish Bhowmick, Adv. Mr. Satyendra Kumar, Adv. Mr.Yashpal Rangi, Adv. Mr. Kanhaiya Priyadarshi, Adv. Mr.Rajinder Singh, Adv. Mr.Mukesh K.Verma, Adv. Mr. Ashwani Bhardwaj, Adv. Mr.Shishpal Laler, Adv. Mr.S.K.Gupta, Adv. Mr.Neeraj Sharma, Adv. Mr. Balbir Singh Gupta, Adv. Ms. Namita Choudhary, Adv. Mr. Anil Kumar Tandale, Adv. Mrs. Kanchan Kaur Dhodi, Adv. Mr.Jetendra Singh, Adv. Mr.Vijendra Kumar Kaushik, Adv. Mr. S. K. Sabharwal, Adv. Ms.Priyanka Singh, Adv. 12 Mr.Ajay Kr.Singh, Adv. Ms.Shikha Roy, Adv. Mr.S.K.Sabharwal, Adv. Mr.Karan Dewan, Adv.

Mr. Rahul Gupta, Adv. Mr. Sarad Kumar Singhania, Adv. Mr. S. L. Aneja, Adv. Mr. P. N. Puri, Adv. Mrs.Reeta Dewan Puri, Adv. Mr.Lekhraj, Adv. Mr.Debasis Misra, Adv. Mr.Himanshu Gupta, Adv. Mr.Joginder Sukhija, Adv. Mr.Harsh Chandra Pant, Adv. Mr.Ravinder Kumar, Adv. Upon hearing the counsel the Court made the following O R D E R List on 05.11.2014 at the top of the board.(SATISH KUMAR YADAV) (PHOOLAN WATI ARORA) COURT MASTER ASSISTANT REGISTRAR

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) No.11684 of 2012 STATE OF PUNJAB & ORS. PETITIONER(S) VERSUS RAFIQ MASIH (WHITE WASHER) RESPONDENT(S) WITH SPECIAL LEAVE PETITION No.....CC No. 14663 of 2010 SPECIAL LEAVE PETITION (C) No. 21554 of 2013 SPECIAL LEAVE PETITION No.....CC No. 20144 of 2010 SPECIAL LEAVE PETITION No.....CC No. 9303 of 2011 SPECIAL LEAVE PETITION (C) No. 30751 of 2012 SPECIAL LEAVE PETITION (C) No. 15307 of 2013 SPECIAL LEAVE PETITION No.....CC No. 15876 of 2011 SPECIAL LEAVE PETITION No.....CC No. 16190 of 2011 SPECIAL LEAVE PETITION No.....CC No. 16326 of 2011 SPECIAL LEAVE PETITION No.....CC No. 16327 of 2011 SPECIAL LEAVE PETITION No.....CC No. 16350 of 2011 SPECIAL LEAVE PETITION No.....CC No. 16309 of 2011 SPECIAL LEAVE PETITION No.....CC No. 16325 of 2011

2 SPECIAL LEAVE PETITION No.....CC No. 16303 of 2011 SPECIAL LEAVE PETITION No.....CC No. 16548 of 2011 SPECIAL LEAVE PETITION No.....CC No. 16723 of 2011 SPECIAL LEAVE PETITION No.....CC No. 16594 of 2011 SPECIAL LEAVE PETITION No.....CC No. 16580 of 2011 SPECIAL LEAVE PETITION No.....CC No. 16582 of 2011 SPECIAL LEAVE PETITION No.....CC No. 16850 of 2011 SPECIAL LEAVE PETITION No.....CC No. 16904 of 2011 SPECIAL LEAVE PETITION No.....CC No. 17204 of 2011 SPECIAL LEAVE PETITION No.....CC No. 17193 of 2011 SPECIAL LEAVE PETITION No.....CC No. 17201 of 2011 SPECIAL LEAVE PETITION No.....CC No. 17192 of 2011 SPECIAL LEAVE PETITION (C) No. 30473 of 2011 SPECIAL LEAVE PETITION No.....CC No. 17388 of 2011 SPECIAL LEAVE PETITION No.....CC No. 17534 of 2011 SPECIAL LEAVE PETITION No.....CC No. 17507 of 2011 SPECIAL LEAVE PETITION No.....CC No. 17508 of 2011 SPECIAL LEAVE PETITION No.....CC No. 17709 of 2011 SPECIAL LEAVE PETITION No.....CC No. 17711 of 2011 SPECIAL LEAVE PETITION No.....CC No. 17735 of 2011 SPECIAL LEAVE PETITION No.....CC No. 17798 of 2011

3 SPECIAL LEAVE PETITION No.....CC No. 17888 of 2011 SPECIAL LEAVE PETITION No.....CC No. 17846 of 2011 SPECIAL LEAVE PETITION No.....CC No. 17835 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18261 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18286 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18227 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18312 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18337 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18310 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18423 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18536 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18527 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18526 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18525 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18524 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18535 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18628 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18630 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18767 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18784 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18805 of 2011

4 SPECIAL LEAVE PETITION No.....CC No. 18802 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18796 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18769 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18857 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18834 of 2011 SPECIAL LEAVE PETITION No.....CC No. 18960 of 2011 SPECIAL LEAVE PETITION No.....CC No. 19116 of 2011 SPECIAL LEAVE PETITION No.....CC No. 19236 of 2011 SPECIAL LEAVE PETITION No.....CC No. 19527 of 2011 SPECIAL LEAVE PETITION No.....CC No. 19590 of 2011 SPECIAL LEAVE PETITION No.....CC No. 19552 of 2011 SPECIAL LEAVE PETITION No.....CC No. 19556 of 2011 SPECIAL LEAVE PETITION No.....CC No. 19580 of 2011 SPECIAL LEAVE PETITION No.....CC No. 19594 of 2011 SPECIAL LEAVE PETITION No.....CC No. 19597 of 2011 SPECIAL LEAVE PETITION No.....CC No. 19599 of 2011 SPECIAL LEAVE PETITION No.....CC No. 19601 of 2011 SPECIAL LEAVE PETITION No.....CC No. 19663 of 2011 SPECIAL LEAVE PETITION No. 33651 of 2011 SPECIAL LEAVE PETITION No.....CC No. 19727 of 2011 SPECIAL LEAVE PETITION No.....CC No. 19864 of 2011

5 SPECIAL LEAVE PETITION No.....CC No. 19837 of 2011 SPECIAL LEAVE PETITION No.....CC No. 20024 of 2011 SPECIAL LEAVE PETITION No.....CC No. 20022 of 2011 SPECIAL LEAVE PETITION No.....CC No. 20048 of 2011 SPECIAL LEAVE PETITION No.....CC No. 20291 of 2011 SPECIAL LEAVE PETITION No.....CC No. 20454 of 2011 SPECIAL LEAVE PETITION (C) No. 35876 of 2011 SPECIAL LEAVE PETITION No.....CC No. 20794 of 2011 SPECIAL LEAVE PETITION No.....CC No. 20891 of 2011 SPECIAL LEAVE PETITION No.....CC No. 21915 of 2011 SPECIAL LEAVE PETITION No.....CC No. 22256 of 2011 SPECIAL LEAVE PETITION No.....CC No. 22255 of 2011 SPECIAL LEAVE PETITION No.....CC No. 22257 of 2011 SPECIAL LEAVE PETITION (C) No. 519 of 2013 SPECIAL LEAVE PETITION No.....CC No. 133 of 2012 SPECIAL LEAVE PETITION No.....CC No. 178 of 2012 SPECIAL LEAVE PETITION (C) No. 523 of 2013 SPECIAL LEAVE PETITION No.....CC No. 434 of 2012 SPECIAL LEAVE PETITION (C) No. 524 of 2013 SPECIAL LEAVE PETITION No.....CC No. 887 of 2012 SPECIAL LEAVE PETITION No.....CC No. 1147 of 2012

6 SPECIAL LEAVE PETITION No.....CC No. 1166 of 2012 SPECIAL LEAVE PETITION No.....CC No. 1168 of 2012 SPECIAL LEAVE PETITION No.....CC No. 1188 of 2012 SPECIAL LEAVE PETITION No.....CC No. 1200 of 2012 SPECIAL LEAVE PETITION No.....CC No. 1291 of 2012 SPECIAL LEAVE PETITION No.....CC No. 1303 of 2012 SPECIAL LEAVE PETITION No.....CC No. 1306 of 2012 SPECIAL LEAVE PETITION No.....CC No. 1391 of 2012 SPECIAL LEAVE PETITION No.....CC No. 1596 of 2012 SPECIAL LEAVE PETITION No.....CC No. 1637 of 2012 SPECIAL LEAVE PETITION No.....CC No. 1644 of 2012 SPECIAL LEAVE PETITION No.....CC No. 1657 of 2012 SPECIAL LEAVE PETITION No.....CC No. 1653 of 2012 SPECIAL LEAVE PETITION No.....CC No. 1739 of 2012 SPECIAL LEAVE PETITION No.....CC No. 1869 of 2012 SPECIAL LEAVE PETITION No.....CC No. 1864 of 2012 SPECIAL LEAVE PETITION No.....CC No. 1928 of 2012 SPECIAL LEAVE PETITION No.....CC No. 1935 of 2012 SPECIAL LEAVE PETITION No.....CC No. 2209 of 2012 SPECIAL LEAVE PETITION (C) No. 6692 of 2012 SPECIAL LEAVE PETITION No.....CC No. 2818 of 2012

7 SPECIAL LEAVE PETITION No.....CC No. 2798 of 2012 SPECIAL LEAVE PETITION No.....CC No. 2821 of 2012 SPECIAL LEAVE PETITION No.....CC No. 2832 of 2012 SPECIAL LEAVE PETITION No.4822 of 2012 SPECIAL LEAVE PETITION No.11690 of 2012 SPECIAL LEAVE PETITION No.11702 of 2012 SPECIAL LEAVE PETITION No.11693 of 2012 SPECIAL LEAVE PETITION No.11694 of 2012 SPECIAL LEAVE PETITION No.11697 of 2012 SPECIAL LEAVE PETITION No.11699 of 2012 SPECIAL LEAVE PETITION No.11703 of 2012 SPECIAL LEAVE PETITION No.11704 of 2012 SPECIAL LEAVE PETITION No.11705 of 2012 SPECIAL LEAVE PETITION No.11706 of 2012 SPECIAL LEAVE PETITION No.11709 of 2012 SPECIAL LEAVE PETITION No.11707 of 2012 SPECIAL LEAVE PETITION No.11710 of 2012 SPECIAL LEAVE PETITION No.11712 of 2012 SPECIAL LEAVE PETITION No.....CC No. 6093 of 2012 SPECIAL LEAVE PETITION No.....CC No. 6483 of 2012 SPECIAL LEAVE PETITION No.....CC No. 6604 of 2012

8 SPECIAL LEAVE PETITION Nos. 6632-6633 of 2012 SPECIAL LEAVE PETITION No.....CC No.6659 of 2012 SPECIAL LEAVE PETITION (C) No. 13023 of 2013 SPECIAL LEAVE PETITION No.....CC No. 6800 of 2012 SPECIAL LEAVE PETITION No.....CC No. 6829 of 2012 SPECIAL LEAVE PETITION No.....CC No. 10109 of 2012 SPECIAL LEAVE PETITION (C) No. 11068 of 2013 SPECIAL LEAVE PETITION (C) No. 11069 of 2013 SPECIAL LEAVE PETITION No.....CC No. 12769 of 2012 SPECIAL LEAVE PETITION No.....CC No.13044 of 2012 SPECIAL LEAVE PETITION No.....CC No. 13114 of 2012 SPECIAL LEAVE PETITION No.....CC No. 13300 of 2012 SPECIAL LEAVE PETITION (C) No. 26386 of 2012 SPECIAL LEAVE PETITION (C) No. 26388 of 2012 SPECIAL LEAVE PETITION (C) No. 26389 of 2012 SPECIAL LEAVE PETITION No.26391 of 2012 SPECIAL LEAVE PETITION (C) No. 26306 of 2012 SPECIAL LEAVE PETITION No.26307 of 2012 SPECIAL LEAVE PETITION (C) No. 26308 of 2012 SPECIAL LEAVE PETITION (C) NO. 28655 of 2012 SPECIAL LEAVE PETITION (C) NO. 28812 of 2012

9 SPECIAL LEAVE PETITION (C) NO. 28813 of 2012 SPECIAL LEAVE PETITION (C) NO. 28814 of 2012 SPECIAL LEAVE PETITION (C) NO. 28816 of 2012 SPECIAL LEAVE PETITION (C) NO. 28815 of 2012 SPECIAL LEAVE PETITION (C) NO. 28818 of 2012 SPECIAL LEAVE PETITION (C) NO. 28817 of 2012 SPECIAL LEAVE PETITION (C) NO. 28823 of 2012 SPECIAL LEAVE PETITION (C) NO. 28819 of 2012 SPECIAL LEAVE PETITION (C) NO. 28824 of 2012 SPECIAL LEAVE PETITION (C) NO. 28825 of 2012 SPECIAL LEAVE PETITION (C) NO. 28827 of 2012 SPECIAL LEAVE PETITION (C) NO. 28828 of 2012 SPECIAL LEAVE PETITION (C) NO. 28829 of 2012 SPECIAL LEAVE PETITION (C) NO. 33343 of 2012 SPECIAL LEAVE PETITION (C) NO. 33345 of 2012 SPECIAL LEAVE PETITION (C) NO. 30246 of 2012 SPECIAL LEAVE PETITION (C) NO. 33347 of 2012 SPECIAL LEAVE PETITION (C) NO. 33350 of 2012 SPECIAL LEAVE PETITION (C) NO. 33348 of 2012 SPECIAL LEAVE PETITION (C) NO. 33352 of 2012 SPECIAL LEAVE PETITION (C) NO. 33353 of 2012

10 SPECIAL LEAVE PETITION (C) NO. 33354 of 2012 SPECIAL LEAVE PETITION (C) NO. 33356 of 2012 SPECIAL LEAVE PETITION (C) NO. 35328 of 2012 SPECIAL LEAVE PETITION (C) NO. 37149 of 2012 SPECIAL LEAVE PETITION (C) NO. 37151 of 2012 SPECIAL LEAVE PETITION (C) NO. 37152 of 2012 SPECIAL LEAVE PETITION (C) NO. 37153 of 2012 SPECIAL LEAVE PETITION (C) NO. 37154 of 2012 SPECIAL LEAVE PETITION (C) NO. 39202 of 2012 SPECIAL LEAVE PETITION (C) NO. 15852 of 2013 SPECIAL LEAVE PETITION (C)... of 2013 CC NO. 2335 SPECIAL LEAVE PETITION (C) NO. 5765 of 2013 SPECIAL LEAVE PETITION (C) NO. 5821 of 2013 SPECIAL LEAVE PETITION (C) NO. 5753 of 2013 SPECIAL LEAVE PETITION (C) NO. 5810 of 2013 SPECIAL LEAVE PETITION (C) NO. 5838 of 2013 SPECIAL LEAVE PETITION (C) NO. 5751 of 2013 SPECIAL LEAVE PETITION (C) NO. 9907 of 2013 SPECIAL LEAVE PETITION (C) NO. 9909 of 2013 SPECIAL LEAVE PETITION (C) NO. 9912 of 2013 SPECIAL LEAVE PETITION (C) NO. 9911 of 2013

11 SPECIAL LEAVE PETITION (C) NO. 9914 of 2013 SPECIAL LEAVE PETITION (C) NO. 9915 of 2013 SPECIAL LEAVE PETITION (C) NO. 9913 of 2013 SPECIAL LEAVE PETITION (C) NO. 9916 of 2013 SPECIAL LEAVE PETITION (C) NO. 9918 of 2013 SPECIAL LEAVE PETITION (C) NO. 10927 of 2013 SPECIAL LEAVE PETITION (C) NO. 10928 of 2013 SPECIAL LEAVE PETITION (C) NO. 10929 of 2013 SPECIAL LEAVE PETITION (C) NO. 10930 of 2013 SPECIAL LEAVE PETITION (C) NO. 10931 of 2013 SPECIAL LEAVE PETITION (C) NO. 10936 of 2013 SPECIAL LEAVE PETITION (C) NO. 10933 of 2013 SPECIAL LEAVE PETITION (C) NO. 10934 of 2013 SPECIAL LEAVE PETITION (C) NO. 10935 of 2013 SPECIAL LEAVE PETITION (C) NO. 10938 of 2013 SPECIAL LEAVE PETITION (C) NO. 10939 of 2013 SPECIAL LEAVE PETITION (C) NO. 10941 of 2013 SPECIAL LEAVE PETITION (C) NO. 10940 of 2013 SPECIAL LEAVE PETITION (C) NO. 10942 of 2013 SPECIAL LEAVE PETITION (C) NO. 10943 of 2013 SPECIAL LEAVE PETITION (C) NO. 11072 of 2013

12 SPECIAL LEAVE PETITION (C) NO. 13021 of 2013 SPECIAL LEAVE PETITION (C).... of 2013 CC NO. 6861 SPECIAL LEAVE PETITION (C) NO. 14780 of 2013 SPECIAL LEAVE PETITION (C) NO. 14782 of 2013 SPECIAL LEAVE PETITION (C) NO. 15299 of 2013 SPECIAL LEAVE PETITION (C) NO. 15300 of 2013 SPECIAL LEAVE PETITION (C) NO. 20830 of 2013 SPECIAL LEAVE PETITION (C) NO. 15301 of 2013 SPECIAL LEAVE PETITION (C) NO. 15302 of 2013 SPECIAL LEAVE PETITION (C) NO. 15303 of 2013 SPECIAL LEAVE PETITION (C) NO. 15305 of 2013 SPECIAL LEAVE PETITION (C) NO. 19469 of 2013 SPECIAL LEAVE PETITION (C) NO. 17618 of 2013 SPECIAL LEAVE PETITION (C) NO. 20529 of 2013 SPECIAL LEAVE PETITION (C) NO. 16788 of 2013 SPECIAL LEAVE PETITION (C) NO. 18880 of 2013 SPECIAL LEAVE PETITION (C) NO. 8086 of 2014 SPECIAL LEAVE PETITION (C)... of 2014 CC NO. 3626 SPECIAL LEAVE PETITION (C) NO. 8103 of 2014 AND WITH SPECIAL LEAVE PETITION (C) NO. 21492 of 2013

13 O R D E R 1. These batch of matters are placed before us for authoritative pronouncement on the apparent difference of opinion expressed on one hand in the cases of Shyam Babu Verma and Ors. v. Union of India & Ors. (1994) 2 SCC 521 and Sahib Ram Verma v. State of Haryana (1995) Supp. 1 SCC 18 and on the other hand, in Chandi Prasad Uniyal and Ors. v. State of Uttarakhand & Ors. (2012) 8 SCC 417 . The order of reference made by this Court reads as under : " In View of an apparent difference of views expressed on the one hand in Shyam Babu Verma and Ors. vs. Union of India & Ors. (1994) 2 SCC 521 and Sahib Ram Verma vs. State of Haryana (1995) Supp. 1 SCC 18; and on the other hand in Chandi Prasad Uniyal and Ors. vs. State of Uttarakhand & Ors. (2012) 8 SCC 417, we are of the view that the remaining special leave petitions should be placed before a Bench of Three Judges. The Registry is accordingly directed to place the file of the remaining special leave petitions before the Hon'ble the Chief Justice of India for taking instructions for the constitution of a Bench of Three Judges, to adjudicate upon the present

14 controversy." 2. The issue in this matter pertains to the recovery of excess money from the pensionary benefit of the respondent-white washer, on account of a wrong fixation of pay by the Petitioner No. 4- The Executive Engineer. The respondent approached the High Court by filing a writ petition. The question of law for consideration before the High Court was: whether the Government is entitled to recover from an employee any payment made in excess of what the employee is otherwise entitled to, in the absence of any fraud or misrepresentation on the part of the employee. The High Court relies on a Full Bench decision, and directed not to recover the excess amount from the respondent. 3. We have heard Shri L.N. Rao, learned Additional Solicitor General and the learned counsel for the respondents.

15 4. To answer the reference, the decisions need to be considered. 5. In Shyam Babu Verma's case ( Supra ), this Court while observing that the petitioners-therein were not entitled to the higher pay scales, had come to the conclusion that since the amount has already been paid to the petitioner, for no fault of theirs, the said amount shall not be recovered by the respondent-Union of India. The observations made by this Court in the said case are as under: "Although we have held that the petitioners were entitled only to the pay scale of Rs.330-480 in terms of the recommendations of the Third Pay Commission w.e.f. January 1, 1973 and only after the period of 10 years, they became entitled to the pay scale of Rs.330-560 but as they have received the scale of Rs.330-560 since 1973 due to no fault of theirs and that scale is being reduced in the year 1984 with effect from January 1, 1973, it shall only be just and proper not to recover any excess amount which has already been paid to them . (emphasis supplied)."

16 6. In Sahib Ram Verma's case ( Supra) , this Court once again held that although the appellant- therein did not possess the required educational qualification, yet the Principal granting him the relaxation, had paid his salary on the revised pay scale. This Court further observed that this was not on account of mis-representation made by the appellant but by a mistake committed by the Principal. In a fact situation of that nature, the Court was pleased to observe that the amount already paid to the appellant need not be recovered. In the words of the Court: "Admittedly the appellant does not possess the required educational qualifications. Under the circumstances the appellant would not be entitled to the relaxation. The principal erred in granting him the relaxation. Since the date of relaxation the appellant had been paid his salary on the revised scale. However, it is not on account of any misrepresentation made by the appellant that the benefit of the higher pay scale was given to him but by wrong construction made by the Principal for which appellant cannot be held to be fault. Under the circumstances the

17 amount paid till date may not be recovered from the appellant." 7. In our considered view, the observations made by the Court not to recover the excess amount paid to the appellant-therein were in exercise of its extra-ordinary powers under Article 142 of the Constitution of India which vest the power in this Court to pass equitable orders in the ends of justice. 8. In Chandi Prasad Uniyal's case ( Supra ), a specific issue was raised and canvassed. The issue was whether the appellant-therein can retain the amount received on the basis of irregular/wrong pay fixation in the absence of any misrepresentation or fraud on his part. The Court after taking into consideration the various decisions of this Court had come to the conclusion that even if by mistake of the employer the amount is paid to the employee and on a later date if the employer after proper determination of the same discovers that the

18 excess payment is made by mistake or negligence, the excess payment so made could be recovered. While holding so this Court observed at paragraphs 14 and 16 as under: "14. We are concerned with the excess payment of public money which is often described as "taxpayers' money" which belongs neither to the officers who have effected overpayment nor to the recipients. We fail to see whey the concept of fraud or misrepresentation is being brought in such situations. The question to be asked is whether excess money has been paid or not, may be due to a bona fide mistake. Possibly, effecting excess payment of public money by the government officers may be due to various reason like negligence, carelessness, collusion, favouritism, etc. because money in such situation does not belong to the payer or the payee. Situations may also arise where both the payer and the payee are at fault, then the mistake is mutual. Payments are being effected in many situations without any authority of law and payments have been received by the recipients also without any authority of law. Any amount paid/received without the authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right, in such situations law implies an obligation on the payee to repay the money, otherwise it would amount to unjust enrichment.

19 16. The appellant in the appeal will not fall in any of these exceptional categories, over and above, there was a stipulation in the fixation order that in the condition of irregular/wrong pay fixation, the institution in which the appellants were working would be responsible for recovery of the amount received in excess from the salary/pension. In such circumstances, we find no reason to interfere with the judgment of the High Court. However we order that excess payment made be recovered from the appellants salary in 12 equal monthly instalments.” 9. In our view, the law laid down in Chandi Prasad Uniyal's case , no way conflicts with the observations made by this Court in the other two cases. In those decisions, directions were issued in exercise of the powers of this Court under Article 142 of the Constitution, but in the subsequent decision this Court under Article 136 of the Constitution, in laying down the law had dismissed the petition of the employee. This Court in a number of cases had battled with tracing the contours of the provision in Article 136 and 142 of the Constitution of India. Distinctively, although

20 the words employed under the two aforesaid provision speak of the powers of this Court, the former vest a plenary jurisdiction in supreme court in the matter of entertaining and hearing of appeals by granting special leave against any judgment or order made by a Court or Tribunal in any cause or matter. The powers are plenary to the extent that they are paramount to the limitations under the specific provisions for appeal contained in the Constitution or other laws. Article 142 of the Constitution of India, on the other hand is a step ahead of the powers envisaged under Article 136 of the Constitution of India. It is the exercise of jurisdiction to pass such enforceable decree or order as is necessary for doing ‘complete justice’ in any cause or matter. The word ‘complete justice’ was fraught with uncertainty until Article 142 of the Constitution received its first interpretation in Prem Chand Garg v. Excise Commissioner, U.P. , AIR (1963) SC 996 which added a rider to the exercise of wide extraordinary powers

21 by laying down that though the powers are wide, the same is an ancillary power and can be used when not expressly in conflict with the substantive provisions of law. This view was endorsed by a Nine-Judges Bench in Naresh Shridhar Mirajkar v. State of Maharashtra, (1966) 3 SCR 744 reiterated by a Seven Judge Bench in A.R. Antulay v. R.S. Nayak , (1988) 2 SCC 602 and finally settled in the Supreme Court Bar Association v. Union of India, ( 1998) 4 SCC 409 . 10. Article 136 of the Constitution of India, confers a wide discretionary power on the Supreme Court to interfere in suitable cases. Article 136 is a special jurisdiction and can be best described in the words of this Court in Ramakant Rai v. Madab Rai , (2003) 12 SCC 395, “It is a residuary power, it is extraordinary in its amplitude, its limits when it chases injustice, is the sky itself”. Article 136 of the Constitution of India was legislatively intended to be exercised by the

22 Highest Court of the Land, with scrupulous adherence to the settled judicial principle well established by precedents in our jurisprudence. Article 136 of the Constitution is a corrective jurisdiction that vest a discretion in the Supreme Court to settle the law clear and as forthrightly forwarded in the case of Union of India v. Karnail Singh , (1995) 2 SCC 728, it makes the law operational to make it a binding precedent for the future instead of keeping it vague. In short, it declares the law, as under Article 141 of the Constitution. 11. Article 1 42 of the Constitution of India is supplementary in nature and cannot supplant the substantive provisions, though they are not limited by the substantive provisions in the statute. It is a power that gives preference to equity over law. It is a justice oriented approach as against the strict rigors of the law. The directions issued by the court can normally be categorized into one, in

23 the nature of moulding of relief and the other, as the declaration of law. ‘Declaration of Law’ as contemplated in Article 141 of the Constitution: is the speech express or necessarily implied by the Highest Court of the land. This Court in the case of Indian Bank v. ABS Marine Products (P) Ltd. , 2006 5 SCC 72, Ram Pravesh Singh v. State of Bihar , (2006) 8 SCC 381 and in State of U.P. v. Neeraj Awasthi (2006) 1 SCC 667, has expounded the principle and extolled the power of Article 142 of the Constitution of India to new heights by laying down that the directions issued under Article 142 do not constitute a binding precedent unlike Article 141 of the Constitution of India. They are direction issued to do proper justice and exercise of such power, cannot be considered as law laid down by the Supreme Court under Article 141 of the Constitution of India. The Court have compartmentalized and differentiated the relief in the operative portion of the judgment by exercise of powers under Article 142 of the Constitution as

24 against the law declared. The directions of the Court under Article 142 of the Constitution, while moulding the relief, that relax the application of law or exempt the case in hand from the rigour of the law in view of the peculiar facts and circumstances do not comprise the ratio decidendi and therefore lose its basic premise of making it a binding precedent. This Court on the qui vive has expanded the horizons of Article 142 of the Constitution by keeping it outside the purview of Article 141 of the Constitution and by declaring it a direction of the Court that changes its complexion with the peculiarity in the facts and circumstances of the case. 12. Therefore, in our opinion, the decisions of the Court based on different scales of Article 136 and Article 142 of the Constitution of India cannot be best weighed on the same grounds of reasoning and thus in view of the aforesaid discussion, there is no conflict in the views expressed in the first

25 two judgments and the latter judgment. 13. In that view of the above, we are of the considered opinion that reference was unnecessary. Therefore, without answering the reference, we send back the matters to the Division Bench for its appropriate disposal. Ordered accordingly. ..................J. (H.L. DATTU) ..................J. (R.K. AGRAWAL) ..................J. (ARUN MISHRA) NEW DELHI; JULY 08, 2014.

1 ITEM NO.101 & 126 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SLP(C) No.11684 of 2012 (Arising out of judgment and order dated 17.01.2011 in civil Writ Petition No. 16277 of 2010 passed by the High Court of Punjab and Haryana at Chandigarh ) STATE OF PUNJAB & ORS. Petitioner(s) VERSUS RAFIQ MASIH (WHITE WASHER) Respondent(s) (With office report) WITH S.L.P. No.....CC No. 14663 of 2010 (With c/delay in filing SLP and office report) S.L.P. (C) No. 21554 of 2013 (With office report)] S.L.P. No.....CC No. 20144 of 2010 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 9303 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P.(C) No. 30751 of 2012 (With c/delay in filing/refiling SLP and office report) S.L.P.(C) No. 15307 of 2013 (With office report) S.L.P. No.....CC No. 15876 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 16190 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 16326 of 2011

2 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 16327 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 16350 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 16309 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 16325 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 16303 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 16548 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 16723 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 16594 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 16580 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 16582 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 16850 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 16904 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 17204 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 17193 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 17201 of 2011 (With c/delay in filing/refiling SLP and office report)

3 S.L.P. No.....CC No. 17192 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P.(C) No. 30473 of 2011 (With prayer for interim relief and office report) S.L.P. No.....CC No. 17388 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 17534 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 17507 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 17508 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 17709 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 17711 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 17735 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 17798 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 17888 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 17846 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 17835 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18261 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18286 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18227 of 2011 (With c/delay in filing/refiling SLP and office report)

4 S.L.P. No.....CC No. 18312 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18337 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18310 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18423 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18536 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18527 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18526 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18525 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18524 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18535 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18628 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18630 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18767 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18784 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18805 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18802 of 2011

5 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18796 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18769 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18857 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18834 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 18960 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 19116 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 19236 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 19527 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 19590 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 19552 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 19556 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 19580 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 19594 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 19597 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 19599 of 2011 (With c/delay in filing/refiling SLP and office report)

6 S.L.P. No.....CC No. 19601 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 19663 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P.(C) No. 33651 of 2011 (With office report) S.L.P. No.....CC No. 19727 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 19864 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 19837 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 20024 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 20022 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 20048 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 20291 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 20454 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P.(C) No. 35876 of 2011 (With office report) S.L.P. No.....CC No. 20794 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 20891 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 21915 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 22256 of 2011 (With c/delay in filing/refiling SLP and office report)

7 S.L.P. No.....CC No. 22255 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 22257 of 2011 (With c/delay in filing/refiling SLP and office report) S.L.P.(C) No. 519 of 2013 (With appln. for c/delay in filing SLP and office report) S.L.P. No.....CC No. 133 of 2012 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 178 of 2012 (With c/delay in filing/refiling SLP and office report) S.L.P.(C) No. 523 of 2013 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 434 of 2012 (With c/delay in filing/refiling SLP and office report) S.L.P.(C) No. 524 of 2013 (With c/delay in filing/refiling SLP and office report) S.L.P. No.....CC No. 887 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 1147 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 1166 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 1168 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 1188 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 1200 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 1291 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 1303 of 2012 (With c/delay in filing SLP and office report)

8 S.L.P. No.....CC No. 1306 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 1391 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 1596 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 1637 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 1644 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 1657 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 1653 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 1739 of 2012 (With c/delay in filing SLP/refiling and office report) S.L.P. No.....CC No. 1869 of 2012 (With c/delay in filing SLP/refiling and office report) S.L.P. No.....CC No. 1864 of 2012 (With c/delay in filing SLP/refiling and office report) S.L.P. No.....CC No. 1928 of 2012 (With c/delay in filing SLP/refiling and office report) S.L.P. No.....CC No. 1935 of 2012 (With c/delay in filing SLP/refiling and office report) S.L.P. No.....CC No. 2209 of 2012 (With c/delay in filing SLP/refiling and office report) S.L.P.(C) No. 6692 of 2012 (With prayer for interim relief and office report) S.L.P. No.....CC No. 2818 of 2012 (With c/delay in filing SLP/refiling and office report)

9 S.L.P. No.....CC No. 2798 of 2012 (With c/delay in filing SLP/refiling and office report) S.L.P. No.....CC No. 2821 of 2012 (With c/delay in filing SLP/refiling and office report) S.L.P. No.....CC No. 2832 of 2012 (With c/delay in filing SLP/refiling) S.L.P.(C) No. 4822 of 2012 (Permission to urge new facts and file additional documents and prayer for interim relief and office report) S.L.P.(C) No. 11690 of 2012 (With office report) S.L.P. (C) No 11702 of 2012 (With office report) S.L.P. No. 11693 of 2012 (With office report) S.L.P. No. 11694 of 2012 (With office report) S.L.P. No. 11697 of 2012 (With office report) S.L.P. No.11699 of 2012 (With appln. for permission to bring additional facts and documents on record and office report) S.L.P. No. 11703 of 2012 (With office report) S.L.P. No.11704 of 2012 (With office report) S.L.P. No. 11705 of 2012 (With office report) S.L.P. No. 11706 of 2012 (With office report) S.L.P. No. 11709 of 2012

10 (With office report) S.L.P. No.11707 of 2012 (With office report) S.L.P. No.11710 of 2012 (With office report) S.L.P. No.11712 of 2012 (With office report) S.L.P. No.....CC No. 6093 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 6483 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 6604 of 2012 (With c/delay in filing SLP and office report) S.L.P. Nos. 6632-6633 of 2012 (With c/delay in filing SLP/refiling and office report) S.L.P. No.....CC No.6659 of 2012 (With c/delay in filing SLP and office report) S.L.P.(C) No. 13023 of 2013 (With office report) S.L.P. No.....CC No. 6800 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 6829 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 10109 of 2012 (With c/delay in filing SLP and office report) S.L.P.(C) NO. 11072 of 2013 (With appln. for c/delay in filing SLP and office report) S.L.P.(C) No. 11068 of 2013 (With appln. for c/delay in filing SLP and placing addl. facts and documents on record and office report)

11 S.L.P.(C) No. 11069 of 2013 (With appln. for c/delay in filing SLP and office report) S.L.P. No.....CC No. 12769 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No.13044 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 13114 of 2012 (With c/delay in filing SLP and office report) S.L.P. No.....CC No. 13300 of 2012 (With c/delay in filing SLP and office report) S.L.P.(C) No. 26386 of 2012 (With office report) S.L.P.(C) No. 26388 of 2012 (With office report) S.L.P.(C) No. 26389 of 2012 (With office report) S.L.P. No.26391 of 2012 (With office report) S.L.P.(C) No. 26306 of 2012 (With office report) S.L.P. No.26307 of 2012 (With office report) S.L.P.(C) No. 26308 of 2012 (With office report) SLP(C) NO. 28655/2012 (With office report) SLP(C) NO. 28812/2012 (With office report) SLP(C) NO. 28813/2012 (With office report)

12 SLP(C) NO. 28814/2012 (With office report) SLP(C) NO. 28816/2012 (With office report) SLP(C) NO. 28815/2012 (With office report) SLP(C) NO. 28818/2012 (With office report) SLP(C) NO. 28817/2012 (With office report) SLP(C) NO. 28823/2012 (With office report) SLP(C) NO. 28819/2012 (With office report) SLP(C) NO. 28824/2012 (With office report) SLP(C) NO. 28825/2012 (With office report) SLP(C) NO. 28827/2012 (With office report) SLP(C) NO. 28828/2012 (With office report) SLP(C) NO. 28829/2012 ] (With office report) SLP(C) NO. 33343/2012 (With office report) SLP(C) NO. 33345/2012 (With office report) SLP(C) NO. 30246/2012 (PRAYER FOR INTERIM RELIEF AND OFFICE REPORT)

13 SLP(C) NO. 33347/2012 (With office report) SLP(C) NO. 33350/2012 (With office report) SLP(C) NO. 33348/2012 (With office report) SLP(C) NO. 33352/2012 (With office report) SLP(C) NO. 33353/2012 (With office report) SLP(C) NO. 33354/2012 (With office report) SLP(C) NO. 33356/2012 (With office report) SLP(C) NO. 35328/2012 (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 37149/2012 (With office report) SLP(C) NO. 37151/2012 (With office report) SLP(C) NO. 37152/2012 (With office report) SLP(C) NO. 37153/2012 (With office report) SLP(C) NO. 37154/2012 (With office report) SLP(C) NO. 39202/2012 (With office report) SLP(C) NO. 15852/2013 (C/DELAY IN FILING SLP AND OFFICE REPORT FOR DIRECTION) S.L.P.(C)... /2013 CC NO. 2335 (C/DELAY IN FILING SLP AND OFFICE REPORT)

14 SLP(C) NO. 5765/2013 (With office report) SLP(C) NO. 5821/2013 (With office report) SLP(C) NO. 5753/2013 (With office report) SLP(C) NO. 5810/2013 (With office report) SLP(C) NO. 5838/2013 (With office report) SLP(C) NO. 5751/2013 (With office report) SLP(C) NO. 9907/2013 (With office report) SLP(C) NO. 9909/2013 (With office report) SLP(C) NO. 9912/2013 (With office report) SLP(C) NO. 9911/2013 (With office report) SLP(C) NO. 9914/2013 (With office report) SLP(C) NO. 9915/2013 (With office report) SLP(C) NO. 9913/2013 (With office report) SLP(C) NO. 9916/2013 (With office report) SLP(C) NO. 9918/2013 (With office report)

15 SLP(C) NO. 10927/2013 (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 10928/2013 (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 10929/2013 (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 10930/2013 (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 10931/2013 (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 10936/2013 (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 10933/2013 (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 10934/2013 (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 10935/2013 (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 10938/2013 (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 10939/2013 (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 10941/2013 ) (C/DELAY IN FILING SLP AND OFFICE REPORT)\ SLP(C) NO. 10940/2013 (S. IVB) (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 10942/2013 (S. IVB) (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 10943/2013 (S. IVB) (C/DELAY IN FILING SLP AND OFFICE REPORT)

16 SLP(C) NO. 13021/2013 (S. IVB) (C/DELAY IN FILING SLP AND OFFICE REPORT) S.L.P.(C)... /2013 CC NO. 6861 (With office report) SLP(C) NO. 14780/2013 (With office report) SLP(C) NO. 14782/2013 (With office report) SLP(C) NO. 15299/2013 (C/DELAY IN FILING SLP AND C/DELAY IN REFILING SLP AND OFFICE REPORT) SLP(C) NO. 15300/2013 (C/DELAY IN FILING SLP AND C/DELAY IN REFILING SLP AND OFFICE REPORT) SLP(C) NO. 20830/2013 (With office report) SLP(C) NO. 15301/2013 (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 15302/2013 (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 15303/2013 (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 15305/2013 (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 19469/2013 (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 17618/2013 (C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 20529/2013 SLP(C) NO. 16788/2013 (With office report) SLP(C) NO. 18880/2013

17 (With office report) SLP(C) NO. 8086/2014 (PRAYER FOR INTERIM RELIEF) S.L.P.(C)... /2014 CC NO. 3626 (C/DELAY IN FILING SLP) SLP(C) NO. 8103/2014 (PRAYER FOR INTERIM RELIEF) S.L.P.(C) No. 21492 of 2013 (With appln. for C/delay in filing SLP and prayer for interim relief and office report) Date : 08/07/2014 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE R.K. AGRAWAL HON'BLE MR. JUSTICE ARUN KUMAR MISHRA For Petitioner(s) Mr. L.N. Rao, ASG Mr. Nikhil Nayyar, Addl Adv. Gen. Mr. Jagdish Singh Chhabra, Adv. For Respondent(s) Mr. Joginder Sukhija, Adv. Mr. Anis Ahmed Khan, Adv. Mr. Ajay Pal, Adv. Mr. Kuldip Singh, Adv. Ms. Naresh Bakshi, Adv. Mrs. Rachana Joshi Issar, Adv. Mr. Vineet Bhagat, Adv. Dr.(Mrs.) Vipin Gupta, Adv. Mr. Ansar Ahmad Chaudhary, Adv. Mr. Dinesh Verma, Adv. Mr. Subhasish Bhowmick, Adv. Mr. Satyendra Kumar, Adv.

18 Mr. Kanhaiya Priyadarshi, adv. Mr. Satyendra Kumar, Adv. Mr. Mukesh K Verma, Adv. Dr. Ashwani Bhardwaj, Adv. Mr. Balbir Singh gupta, Adv. Ms. Namita choudhary, Adv. Mr. Anil Kumar Tandale, Adv. Mrs. Kanchan Kaur Dhodi, Adv. Mr. S.K. Sabharwal, Adv. Mr. Sudhir Walia, Adv. Mr. Abhishek Atrey, Adv. Mr. Balbir Singh gupta, Adv. Mr. Rahul Gupta, adv. Mr. Sarad Kumar Singhania, Adv. Mr. S.L. Aneja, Adv. UPON hearing the counsel the Court made the following O R D E R Without answering the reference, the matters are sent back to the Division bench for its appropriate disposal. [ Charanjeet Kaur ] [ Vinod Kulvi ] Court Master Asstt. Registrar [ Signed order is placed on the file ]

ö\205 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) No.11684 of 2012 STATE OF PUNJAB & ORS. PETITIONER(S) VERSUS RAFIQ MASIH (WHITE WASHER) RESPONDENT(S) WITH SPECIAL LEAVE PETITION No.....CC No. 14663 of 2010 SPECIAL LEAVE PETITION (C) No. 21554 of 2013 SPECIAL LEAVE PETITION No.....CC No. 20144 of 2010 SPECIAL LEAVE PETITION No.....CC No. 9303 of 2011 SPECIAL LEAVE PETITION (C) No. 30751 of 2012 SPECIAL LEAVE PETITION (C) No. 15307 of 2013 SPECIAL LEAVE PETITION No.....CC No. 15876 of 2011 SPECIAL LEAVE PETITION No.....CC No. 16190 of 2011 SPECIAL LEAVE PETITION No.....CC No. 16326 of 2011 SPECIAL LEAVE PETITION No.....CC No. 16327 of 2011 SPECIAL LEAVE PETITION No.....CC No. 16350 of 2011 SPECIAL LEAVE PETITION No.....CC No. 16309 of 2011Signature Not VerifiedDigitally signed byCharanjeet KaurDate: 2014.07.1717:13:47 IST SPECIAL LEAVE PETITION No.....CC No. 16325 of 2011Reason: 2SPECIAL LEAVE PETITION No.....CC No. 16303 of 2011SPECIAL LEAVE PETITION No.....CC No. 16548 of 2011SPECIAL LEAVE PETITION No.....CC No. 16723 of 2011SPECIAL LEAVE PETITION No.....CC No. 16594 of 2011SPECIAL LEAVE PETITION No.....CC No. 16580 of 2011SPECIAL LEAVE PETITION No.....CC No. 16582 of 2011SPECIAL LEAVE PETITION No.....CC No. 16850 of 2011SPECIAL LEAVE PETITION No.....CC No. 16904 of 2011SPECIAL LEAVE PETITION No.....CC No. 17204 of 2011SPECIAL LEAVE PETITION No.....CC No. 17193 of 2011

SPECIAL LEAVE PETITION No.....CC No. 17201 of 2011SPECIAL LEAVE PETITION No.....CC No. 17192 of 2011SPECIAL LEAVE PETITION (C) No. 30473 of 2011SPECIAL LEAVE PETITION No.....CC No. 17388 of 2011SPECIAL LEAVE PETITION No.....CC No. 17534 of 2011SPECIAL LEAVE PETITION No.....CC No. 17507 of 2011SPECIAL LEAVE PETITION No.....CC No. 17508 of 2011SPECIAL LEAVE PETITION No.....CC No. 17709 of 2011SPECIAL LEAVE PETITION No.....CC No. 17711 of 2011SPECIAL LEAVE PETITION No.....CC No. 17735 of 2011SPECIAL LEAVE PETITION No.....CC No. 17798 of 2011 3SPECIAL LEAVE PETITION No.....CC No. 17888 of 2011SPECIAL LEAVE PETITION No.....CC No. 17846 of 2011SPECIAL LEAVE PETITION No.....CC No. 17835 of 2011SPECIAL LEAVE PETITION No.....CC No. 18261 of 2011SPECIAL LEAVE PETITION No.....CC No. 18286 of 2011SPECIAL LEAVE PETITION No.....CC No. 18227 of 2011SPECIAL LEAVE PETITION No.....CC No. 18312 of 2011SPECIAL LEAVE PETITION No.....CC No. 18337 of 2011SPECIAL LEAVE PETITION No.....CC No. 18310 of 2011SPECIAL LEAVE PETITION No.....CC No. 18423 of 2011SPECIAL LEAVE PETITION No.....CC No. 18536 of 2011SPECIAL LEAVE PETITION No.....CC No. 18527 of 2011SPECIAL LEAVE PETITION No.....CC No. 18526 of 2011SPECIAL LEAVE PETITION No.....CC No. 18525 of 2011SPECIAL LEAVE PETITION No.....CC No. 18524 of 2011SPECIAL LEAVE PETITION No.....CC No. 18535 of 2011SPECIAL LEAVE PETITION No.....CC No. 18628 of 2011SPECIAL LEAVE PETITION No.....CC No. 18630 of 2011SPECIAL LEAVE PETITION No.....CC No. 18767 of 2011SPECIAL LEAVE PETITION No.....CC No. 18784 of 2011SPECIAL LEAVE PETITION No.....CC No. 18805 of 2011 4SPECIAL LEAVE PETITION No.....CC No. 18802 of 2011

SPECIAL LEAVE PETITION No.....CC No. 18796 of 2011SPECIAL LEAVE PETITION No.....CC No. 18769 of 2011SPECIAL LEAVE PETITION No.....CC No. 18857 of 2011SPECIAL LEAVE PETITION No.....CC No. 18834 of 2011SPECIAL LEAVE PETITION No.....CC No. 18960 of 2011SPECIAL LEAVE PETITION No.....CC No. 19116 of 2011SPECIAL LEAVE PETITION No.....CC No. 19236 of 2011SPECIAL LEAVE PETITION No.....CC No. 19527 of 2011SPECIAL LEAVE PETITION No.....CC No. 19590 of 2011SPECIAL LEAVE PETITION No.....CC No. 19552 of 2011SPECIAL LEAVE PETITION No.....CC No. 19556 of 2011SPECIAL LEAVE PETITION No.....CC No. 19580 of 2011SPECIAL LEAVE PETITION No.....CC No. 19594 of 2011SPECIAL LEAVE PETITION No.....CC No. 19597 of 2011SPECIAL LEAVE PETITION No.....CC No. 19599 of 2011SPECIAL LEAVE PETITION No.....CC No. 19601 of 2011SPECIAL LEAVE PETITION No.....CC No. 19663 of 2011SPECIAL LEAVE PETITION No. 33651 of 2011SPECIAL LEAVE PETITION No.....CC No. 19727 of 2011SPECIAL LEAVE PETITION No.....CC No. 19864 of 2011 5SPECIAL LEAVE PETITION No.....CC No. 19837 of 2011SPECIAL LEAVE PETITION No.....CC No. 20024 of 2011SPECIAL LEAVE PETITION No.....CC No. 20022 of 2011SPECIAL LEAVE PETITION No.....CC No. 20048 of 2011SPECIAL LEAVE PETITION No.....CC No. 20291 of 2011SPECIAL LEAVE PETITION No.....CC No. 20454 of 2011SPECIAL LEAVE PETITION (C) No. 35876 of 2011SPECIAL LEAVE PETITION No.....CC No. 20794 of 2011SPECIAL LEAVE PETITION No.....CC No. 20891 of 2011SPECIAL LEAVE PETITION No.....CC No. 21915 of 2011SPECIAL LEAVE PETITION No.....CC No. 22256 of 2011SPECIAL LEAVE PETITION No.....CC No. 22255 of 2011SPECIAL LEAVE PETITION No.....CC No. 22257 of 2011SPECIAL LEAVE PETITION (C) No. 519 of 2013

SPECIAL LEAVE PETITION No.....CC No. 133 of 2012SPECIAL LEAVE PETITION No.....CC No. 178 of 2012SPECIAL LEAVE PETITION (C) No. 523 of 2013SPECIAL LEAVE PETITION No.....CC No. 434 of 2012SPECIAL LEAVE PETITION (C) No. 524 of 2013SPECIAL LEAVE PETITION No.....CC No. 887 of 2012SPECIAL LEAVE PETITION No.....CC No. 1147 of 2012 6SPECIAL LEAVE PETITION No.....CC No. 1166 of 2012SPECIAL LEAVE PETITION No.....CC No. 1168 of 2012SPECIAL LEAVE PETITION No.....CC No. 1188 of 2012SPECIAL LEAVE PETITION No.....CC No. 1200 of 2012SPECIAL LEAVE PETITION No.....CC No. 1291 of 2012SPECIAL LEAVE PETITION No.....CC No. 1303 of 2012SPECIAL LEAVE PETITION No.....CC No. 1306 of 2012SPECIAL LEAVE PETITION No.....CC No. 1391 of 2012SPECIAL LEAVE PETITION No.....CC No. 1596 of 2012SPECIAL LEAVE PETITION No.....CC No. 1637 of 2012SPECIAL LEAVE PETITION No.....CC No. 1644 of 2012SPECIAL LEAVE PETITION No.....CC No. 1657 of 2012SPECIAL LEAVE PETITION No.....CC No. 1653 of 2012SPECIAL LEAVE PETITION No.....CC No. 1739 of 2012SPECIAL LEAVE PETITION No.....CC No. 1869 of 2012SPECIAL LEAVE PETITION No.....CC No. 1864 of 2012SPECIAL LEAVE PETITION No.....CC No. 1928 of 2012SPECIAL LEAVE PETITION No.....CC No. 1935 of 2012SPECIAL LEAVE PETITION No.....CC No. 2209 of 2012SPECIAL LEAVE PETITION (C) No. 6692 of 2012SPECIAL LEAVE PETITION No.....CC No. 2818 of 2012 7SPECIAL LEAVE PETITION No.....CC No. 2798 of 2012SPECIAL LEAVE PETITION No.....CC No. 2821 of 2012SPECIAL LEAVE PETITION No.....CC No. 2832 of 2012SPECIAL LEAVE PETITION No.4822 of 2012SPECIAL LEAVE PETITION No.11690 of 2012SPECIAL LEAVE PETITION No.11702 of 2012

SPECIAL LEAVE PETITION No.11693 of 2012SPECIAL LEAVE PETITION No.11694 of 2012SPECIAL LEAVE PETITION No.11697 of 2012SPECIAL LEAVE PETITION No.11699 of 2012SPECIAL LEAVE PETITION No.11703 of 2012SPECIAL LEAVE PETITION No.11704 of 2012SPECIAL LEAVE PETITION No.11705 of 2012SPECIAL LEAVE PETITION No.11706 of 2012SPECIAL LEAVE PETITION No.11709 of 2012SPECIAL LEAVE PETITION No.11707 of 2012SPECIAL LEAVE PETITION No.11710 of 2012SPECIAL LEAVE PETITION No.11712 of 2012SPECIAL LEAVE PETITION No.....CC No. 6093 of 2012SPECIAL LEAVE PETITION No.....CC No. 6483 of 2012SPECIAL LEAVE PETITION No.....CC No. 6604 of 2012 8SPECIAL LEAVE PETITION Nos. 6632-6633 of 2012SPECIAL LEAVE PETITION No.....CC No.6659 of 2012SPECIAL LEAVE PETITION (C) No. 13023 of 2013SPECIAL LEAVE PETITION No.....CC No. 6800 of 2012SPECIAL LEAVE PETITION No.....CC No. 6829 of 2012SPECIAL LEAVE PETITION No.....CC No. 10109 of 2012SPECIAL LEAVE PETITION (C) No. 11068 of 2013SPECIAL LEAVE PETITION (C) No. 11069 of 2013SPECIAL LEAVE PETITION No.....CC No. 12769 of 2012SPECIAL LEAVE PETITION No.....CC No.13044 of 2012SPECIAL LEAVE PETITION No.....CC No. 13114 of 2012SPECIAL LEAVE PETITION No.....CC No. 13300 of 2012SPECIAL LEAVE PETITION (C) No. 26386 of 2012SPECIAL LEAVE PETITION (C) No. 26388 of 2012SPECIAL LEAVE PETITION (C) No. 26389 of 2012SPECIAL LEAVE PETITION No.26391 of 2012SPECIAL LEAVE PETITION (C) No. 26306 of 2012SPECIAL LEAVE PETITION No.26307 of 2012SPECIAL LEAVE PETITION (C) No. 26308 of 2012

SPECIAL LEAVE PETITION (C) NO. 28655 of 2012SPECIAL LEAVE PETITION (C) NO. 28812 of 2012 9SPECIAL LEAVE PETITION (C) NO. 28813 of 2012SPECIAL LEAVE PETITION (C) NO. 28814 of 2012SPECIAL LEAVE PETITION (C) NO. 28816 of 2012SPECIAL LEAVE PETITION (C) NO. 28815 of 2012SPECIAL LEAVE PETITION (C) NO. 28818 of 2012SPECIAL LEAVE PETITION (C) NO. 28817 of 2012SPECIAL LEAVE PETITION (C) NO. 28823 of 2012SPECIAL LEAVE PETITION (C) NO. 28819 of 2012SPECIAL LEAVE PETITION (C) NO. 28824 of 2012SPECIAL LEAVE PETITION (C) NO. 28825 of 2012SPECIAL LEAVE PETITION (C) NO. 28827 of 2012SPECIAL LEAVE PETITION (C) NO. 28828 of 2012SPECIAL LEAVE PETITION (C) NO. 28829 of 2012SPECIAL LEAVE PETITION (C) NO. 33343 of 2012SPECIAL LEAVE PETITION (C) NO. 33345 of 2012SPECIAL LEAVE PETITION (C) NO. 30246 of 2012SPECIAL LEAVE PETITION (C) NO. 33347 of 2012SPECIAL LEAVE PETITION (C) NO. 33350 of 2012SPECIAL LEAVE PETITION (C) NO. 33348 of 2012SPECIAL LEAVE PETITION (C) NO. 33352 of 2012SPECIAL LEAVE PETITION (C) NO. 33353 of 2012 10SPECIAL LEAVE PETITION (C) NO. 33354 of 2012SPECIAL LEAVE PETITION (C) NO. 33356 of 2012SPECIAL LEAVE PETITION (C) NO. 35328 of 2012SPECIAL LEAVE PETITION (C) NO. 37149 of 2012SPECIAL LEAVE PETITION (C) NO. 37151 of 2012SPECIAL LEAVE PETITION (C) NO. 37152 of 2012SPECIAL LEAVE PETITION (C) NO. 37153 of 2012SPECIAL LEAVE PETITION (C) NO. 37154 of 2012SPECIAL LEAVE PETITION (C) NO. 39202 of 2012SPECIAL LEAVE PETITION (C) NO. 15852 of 2013

SPECIAL LEAVE PETITION (C)... of 2013 CC NO. 2335SPECIAL LEAVE PETITION (C) NO. 5765 of 2013SPECIAL LEAVE PETITION (C) NO. 5821 of 2013SPECIAL LEAVE PETITION (C) NO. 5753 of 2013SPECIAL LEAVE PETITION (C) NO. 5810 of 2013SPECIAL LEAVE PETITION (C) NO. 5838 of 2013SPECIAL LEAVE PETITION (C) NO. 5751 of 2013SPECIAL LEAVE PETITION (C) NO. 9907 of 2013SPECIAL LEAVE PETITION (C) NO. 9909 of 2013SPECIAL LEAVE PETITION (C) NO. 9912 of 2013SPECIAL LEAVE PETITION (C) NO. 9911 of 2013 11SPECIAL LEAVE PETITION (C) NO. 9914 of 2013SPECIAL LEAVE PETITION (C) NO. 9915 of 2013SPECIAL LEAVE PETITION (C) NO. 9913 of 2013SPECIAL LEAVE PETITION (C) NO. 9916 of 2013SPECIAL LEAVE PETITION (C) NO. 9918 of 2013SPECIAL LEAVE PETITION (C) NO. 10927 of 2013SPECIAL LEAVE PETITION (C) NO. 10928 of 2013SPECIAL LEAVE PETITION (C) NO. 10929 of 2013SPECIAL LEAVE PETITION (C) NO. 10930 of 2013SPECIAL LEAVE PETITION (C) NO. 10931 of 2013SPECIAL LEAVE PETITION (C) NO. 10936 of 2013SPECIAL LEAVE PETITION (C) NO. 10933 of 2013SPECIAL LEAVE PETITION (C) NO. 10934 of 2013SPECIAL LEAVE PETITION (C) NO. 10935 of 2013SPECIAL LEAVE PETITION (C) NO. 10938 of 2013SPECIAL LEAVE PETITION (C) NO. 10939 of 2013SPECIAL LEAVE PETITION (C) NO. 10941 of 2013SPECIAL LEAVE PETITION (C) NO. 10940 of 2013SPECIAL LEAVE PETITION (C) NO. 10942 of 2013SPECIAL LEAVE PETITION (C) NO. 10943 of 2013SPECIAL LEAVE PETITION (C) NO. 11072 of 2013 12SPECIAL LEAVE PETITION (C) NO. 13021 of 2013SPECIAL LEAVE PETITION (C).... of 2013 CC NO. 6861

SPECIAL LEAVE PETITION (C) NO. 14780 of 2013SPECIAL LEAVE PETITION (C) NO. 14782 of 2013SPECIAL LEAVE PETITION (C) NO. 15299 of 2013SPECIAL LEAVE PETITION (C) NO. 15300 of 2013SPECIAL LEAVE PETITION (C) NO. 20830 of 2013SPECIAL LEAVE PETITION (C) NO. 15301 of 2013SPECIAL LEAVE PETITION (C) NO. 15302 of 2013SPECIAL LEAVE PETITION (C) NO. 15303 of 2013SPECIAL LEAVE PETITION (C) NO. 15305 of 2013SPECIAL LEAVE PETITION (C) NO. 19469 of 2013SPECIAL LEAVE PETITION (C) NO. 17618 of 2013SPECIAL LEAVE PETITION (C) NO. 20529 of 2013SPECIAL LEAVE PETITION (C) NO. 16788 of 2013SPECIAL LEAVE PETITION (C) NO. 18880 of 2013SPECIAL LEAVE PETITION (C) NO. 8086 of 2014SPECIAL LEAVE PETITION (C)... of 2014 CC NO. 3626SPECIAL LEAVE PETITION (C) NO. 8103 of 2014 AND WITHSPECIAL LEAVE PETITION (C) NO. 21492 of 2013 13 O R D E R1. These batch of matters are placed before usfor authoritative pronouncement on the apparentdifference of opinion expressed on one hand in thecases of Shyam Babu Verma and Ors. v. Union ofIndia & Ors. (1994) 2 SCC 521 and Sahib Ram Vermav. State of Haryana (1995) Supp. 1 SCC 18 and onthe other hand, in Chandi Prasad Uniyal and Ors.v. State of Uttarakhand & Ors. (2012) 8 SCC 417.The order of reference made by this Court reads asunder : "In View of an apparent difference of views expressed on the one hand in Shyam Babu Verma and Ors. vs. Union of India & Ors. (1994) 2 SCC 521 and Sahib Ram Verma vs. State of Haryana (1995) Supp. 1 SCC 18; and on the other hand in Chandi Prasad Uniyal and Ors. vs. State of Uttarakhand & Ors. (2012) 8

SCC 417, we are of the view that the remaining special leave petitions should be placed before a Bench of Three Judges. The Registry is accordingly directed to place the file of the remaining special leave petitions before the Hon'ble the Chief Justice of India for taking instructions for the constitution of a Bench of Three Judges, to adjudicate upon the present 14 controversy."2. The issue in this matter pertains to therecovery of excess money from the pensionarybenefit of the respondent-white washer, on accountof a wrong fixation of pay by the Petitioner No. 4-The Executive Engineer. The respondent approachedthe High Court by filing a writ petition. Thequestion of law for consideration before the HighCourt was: whether the Government is entitled torecover from an employee any payment made in excessof what the employee is otherwise entitled to, inthe absence of any fraud or misrepresentation onthe part of the employee. The High Court relies ona Full Bench decision, and directed not to recoverthe excess amount from the respondent.3. We have heard Shri L.N. Rao, learnedAdditional Solicitor General and the learnedcounsel for the respondents. 154. To answer the reference, the decisions needto be considered.5. In Shyam Babu Verma's case (Supra), thisCourt while observing that the petitioners-thereinwere not entitled to the higher pay scales, hadcome to the conclusion that since the amount hasalready been paid to the petitioner, for no fault

of theirs, the said amount shall not be recoveredby the respondent-Union of India. The observationsmade by this Court in the said case are as under: "Although we have held that the petitioners were entitled only to the pay scale of Rs.330-480 in terms of the recommendations of the Third Pay Commission w.e.f. January 1, 1973 and only after the period of 10 years, they became entitled to the pay scale of Rs.330-560 but as they have received the scale of Rs.330-560 since 1973 due to no fault of theirs and that scale is being reduced in the year 1984 with effect from January 1, 1973, it shall only be just and proper not to recover any excess amount which has already been paid to them. (emphasis supplied)." 166. In Sahib Ram Verma's case (Supra), thisCourt once again held that although theappellant-therein did not possess the requirededucational qualification, yet the Principalgranting him the relaxation, had paid his salary onthe revised pay scale. This Court further observedthat this was not on account of mis-representationmade by the appellant but by a mistake committed bythe Principal. In a fact situation of that nature,the Court was pleased to observe that the amountalready paid to the appellant need not berecovered. In the words of the Court: "Admittedly the appellant does not possess the required educational qualifications. Under the circumstances the appellant would not be entitled to the relaxation. The principal erred in granting him the relaxation. Since the date of relaxation the appellant had been paid his salary on the revised scale. However, it is not on account of any misrepresentation made by the appellant that the benefit of the higher pay scale was given to him but by wrong construction made by the Principal for which appellant cannot be held to be fault. Under the circumstances the 17 amount paid till date may not be

recovered from the appellant."7. In our considered view, the observationsmade by the Court not to recover the excess amountpaid to the appellant-therein were in exercise ofits extra-ordinary powers under Article 142 of theConstitution of India which vest the power in thisCourt to pass equitable orders in the ends ofjustice.8. In Chandi Prasad Uniyal's case (Supra), aspecific issue was raised and canvassed. The issuewas whether the appellant-therein can retain theamount received on the basis of irregular/wrong payfixation in the absence of any misrepresentation orfraud on his part. The Court after taking intoconsideration the various decisions of this Courthad come to the conclusion that even if by mistakeof the employer the amount is paid to the employeeand on a later date if the employer after properdetermination of the same discovers that the 18excess payment is made by mistake or negligence,the excess payment so made could be recovered.While holding so this Court observed at paragraphs14 and 16 as under: "14. We are concerned with the excess payment of public money which is often described as "taxpayers' money" which belongs neither to the officers who have effected overpayment nor to the recipients. We fail to see whey the concept of fraud or misrepresentation is being brought in such situations. The question to be asked is whether excess money has been paid or not, may be due to a bona fide mistake. Possibly, effecting excess payment of public money by the government officers may be due to various reason like negligence, carelessness, collusion, favouritism, etc. because money in such situation does not belong to the payer or the payee. Situations may also arise where both the payer and the payee are at

fault, then the mistake is mutual. Payments are being effected in many situations without any authority of law and payments have been received by the recipients also without any authority of law. Any amount paid/received without the authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right, in such situations law implies an obligation on the payee to repay the money, otherwise it would amount to unjust enrichment. 19 16. The appellant in the appeal will not fall in any of these exceptional categories, over and above, there was a stipulation in the fixation order that in the condition of irregular/wrong pay fixation, the institution in which the appellants were working would be responsible for recovery of the amount received in excess from the salary/pension. In such circumstances, we find no reason to interfere with the judgment of the High Court. However we order that excess payment made be recovered from the appellants salary in 12 equal monthly instalments."9. In our view, the law laid down in ChandiPrasad Uniyal's case, no way conflicts with theobservations made by this Court in the other twocases. In those decisions, directions were issuedin exercise of the powers of this Court underArticle 142 of the Constitution, but in thesubsequent decision this Court under Article 136 ofthe Constitution, in laying down the law haddismissed the petition of the employee. This Courtin a number of cases had battled with tracing thecontours of the provision in Article 136 and 142 ofthe Constitution of India. Distinctively, although 20the words employed under the two aforesaidprovision speak of the powers of this Court, theformer vest a plenary jurisdiction in supreme courtin the matter of entertaining and hearing ofappeals by granting special leave against any

judgment or order made by a Court or Tribunal inany cause or matter. The powers are plenary to theextent that they are paramount to the limitationsunder the specific provisions for appeal containedin the Constitution or other laws. Article 142 ofthe Constitution of India, on the other hand is astep ahead of the powers envisaged under Article136 of the Constitution of India. It is theexercise of jurisdiction to pass such enforceabledecree or order as is necessary for doing `completejustice' in any cause or matter. The word `completejustice' was fraught with uncertainty until Article142 of the Constitution received its firstinterpretation in Prem Chand Garg v. ExciseCommissioner, U.P., AIR (1963) SC 996 which added arider to the exercise of wide extraordinary powers 21by laying down that though the powers are wide, thesame is an ancillary power and can be used when notexpressly in conflict with the substantiveprovisions of law. This view was endorsed by aNine-Judges Bench in Naresh Shridhar Mirajkar v.State of Maharashtra, (1966) 3 SCR 744 reiteratedby a Seven Judge Bench in A.R. Antulay v. R.S.Nayak, (1988) 2 SCC 602 and finally settled in theSupreme Court Bar Association v. Union of India,(1998) 4 SCC 409.10. Article 136 of the Constitution of India,confers a wide discretionary power on the SupremeCourt to interfere in suitable cases. Article 136is a special jurisdiction and can be best describedin the words of this Court in Ramakant Rai v. MadabRai, (2003) 12 SCC 395, "It is a residuary power,it is extraordinary in its amplitude, its limits

when it chases injustice, is the sky itself".Article 136 of the Constitution of India waslegislatively intended to be exercised by the 22Highest Court of the Land, with scrupulousadherence to the settled judicial principle wellestablished by precedents in our jurisprudence.Article 136 of the Constitution is a correctivejurisdiction that vest a discretion in the SupremeCourt to settle the law clear and as forthrightlyforwarded in the case of Union of India v. KarnailSingh, (1995) 2 SCC 728, it makes the lawoperational to make it a binding precedent for thefuture instead of keeping it vague. In short, itdeclares the law, as under Article 141 of theConstitution.11. Article 142 of the Constitution of India issupplementary in nature and cannot supplant thesubstantive provisions, though they are not limitedby the substantive provisions in the statute. It isa power that gives preference to equity over law.It is a justice oriented approach as against thestrict rigors of the law. The directions issued bythe court can normally be categorized into one, in 23the nature of moulding of relief and the other, asthe declaration of law. `Declaration of Law' ascontemplated in Article 141 of the Constitution:is the speech express or necessarily implied by theHighest Court of the land. This Court in the caseof Indian Bank v. ABS Marine Products (P) Ltd.,2006 5 SCC 72, Ram Pravesh Singh v. State of Bihar,(2006) 8 SCC 381 and in State of U.P. v. NeerajAwasthi (2006) 1 SCC 667, has expounded theprinciple and extolled the power of Article 142 of

the Constitution of India to new heights by layingdown that the directions issued under Article 142do not constitute a binding precedent unlikeArticle 141 of the Constitution of India. They aredirection issued to do proper justice and exerciseof such power, cannot be considered as law laiddown by the Supreme Court under Article 141 of theConstitution of India. The Court havecompartmentalized and differentiated the relief inthe operative portion of the judgment by exerciseof powers under Article 142 of the Constitution as 24against the law declared. The directions of theCourt under Article 142 of the Constitution, whilemoulding the relief, that relax the application oflaw or exempt the case in hand from the rigour ofthe law in view of the peculiar facts andcircumstances do not comprise the ratio decidendiand therefore lose its basic premise of making it abinding precedent. This Court on the qui vive hasexpanded the horizons of Article 142 of theConstitution by keeping it outside the purview ofArticle 141 of the Constitution and by declaring ita direction of the Court that changes itscomplexion with the peculiarity in the facts andcircumstances of the case.12. Therefore, in our opinion, the decisions ofthe Court based on different scales of Article 136and Article 142 of the Constitution of India cannotbe best weighed on the same grounds of reasoningand thus in view of the aforesaid discussion, thereis no conflict in the views expressed in the first 25two judgments and the latter judgment.13. In that view of the above, we are of the

considered opinion that reference was unnecessary.Therefore, without answering the reference, we sendback the matters to the Division Bench for itsappropriate disposal. Ordered accordingly. ..................J. (H.L. DATTU) ..................J. (R.K. AGRAWAL) ..................J. (ARUN MISHRA)NEW DELHI;JULY 08, 2014. 1ITEM NO.101 & 126 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSSLP(C) No.11684 of 2012(Arising out of judgment and order dated 17.01.2011 in civilWrit Petition No. 16277 of 2010 passed by the High Court ofPunjab and Haryana at Chandigarh )STATE OF PUNJAB & ORS. Petitioner(s) VERSUSRAFIQ MASIH (WHITE WASHER) Respondent(s)(With office report)WITHS.L.P. No.....CC No. 14663 of 2010(With c/delay in filing SLP and office report)S.L.P. (C) No. 21554 of 2013(With office report)]S.L.P. No.....CC No. 20144 of 2010(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 9303 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P.(C) No. 30751 of 2012(With c/delay in filing/refiling SLP and office report)S.L.P.(C) No. 15307 of 2013(With office report)S.L.P. No.....CC No. 15876 of 2011(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 16190 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 16326 of 2011(With c/delay in filing/refiling SLP and office report) 2S.L.P. No.....CC No. 16327 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 16350 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 16309 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 16325 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 16303 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 16548 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 16723 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 16594 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 16580 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 16582 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 16850 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 16904 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 17204 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 17193 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 17201 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 17192 of 2011(With c/delay in filing/refiling SLP and office report) 3S.L.P.(C) No. 30473 of 2011(With prayer for interim relief and office report)S.L.P. No.....CC No. 17388 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 17534 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 17507 of 2011(With c/delay in filing/refiling SLP and office report)

S.L.P. No.....CC No. 17508 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 17709 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 17711 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 17735 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 17798 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 17888 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 17846 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 17835 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18261 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18286 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18227 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18312 of 2011 4(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18337 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18310 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18423 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18536 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18527 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18526 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18525 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18524 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18535 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18628 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18630 of 2011

(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18767 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18784 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18805 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18802 of 2011(With c/delay in filing/refiling SLP and office report) 5S.L.P. No.....CC No. 18796 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18769 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18857 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18834 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 18960 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 19116 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 19236 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 19527 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 19590 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 19552 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 19556 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 19580 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 19594 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 19597 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 19599 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 19601 of 2011 6(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 19663 of 2011(With c/delay in filing/refiling SLP and office report)

S.L.P.(C) No. 33651 of 2011(With office report)S.L.P. No.....CC No. 19727 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 19864 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 19837 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 20024 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 20022 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 20048 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 20291 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 20454 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P.(C) No. 35876 of 2011(With office report)S.L.P. No.....CC No. 20794 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 20891 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 21915 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 22256 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 22255 of 2011 7(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 22257 of 2011(With c/delay in filing/refiling SLP and office report)S.L.P.(C) No. 519 of 2013(With appln. for c/delay in filing SLP and office report)S.L.P. No.....CC No. 133 of 2012(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 178 of 2012(With c/delay in filing/refiling SLP and office report)S.L.P.(C) No. 523 of 2013(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 434 of 2012(With c/delay in filing/refiling SLP and office report)S.L.P.(C) No. 524 of 2013(With c/delay in filing/refiling SLP and office report)S.L.P. No.....CC No. 887 of 2012(With c/delay in filing SLP and office report)

S.L.P. No.....CC No. 1147 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 1166 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 1168 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 1188 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 1200 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 1291 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 1303 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 1306 of 2012 8(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 1391 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 1596 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 1637 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 1644 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 1657 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 1653 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 1739 of 2012(With c/delay in filing SLP/refiling and office report)S.L.P. No.....CC No. 1869 of 2012(With c/delay in filing SLP/refiling and office report)S.L.P. No.....CC No. 1864 of 2012(With c/delay in filing SLP/refiling and office report)S.L.P. No.....CC No. 1928 of 2012(With c/delay in filing SLP/refiling and office report)S.L.P. No.....CC No. 1935 of 2012(With c/delay in filing SLP/refiling and office report)S.L.P. No.....CC No. 2209 of 2012(With c/delay in filing SLP/refiling and office report)S.L.P.(C) No. 6692 of 2012(With prayer for interim relief and office report)S.L.P. No.....CC No. 2818 of 2012(With c/delay in filing SLP/refiling and office report)

S.L.P. No.....CC No. 2798 of 2012(With c/delay in filing SLP/refiling and office report) 9S.L.P. No.....CC No. 2821 of 2012(With c/delay in filing SLP/refiling and office report)S.L.P. No.....CC No. 2832 of 2012(With c/delay in filing SLP/refiling)S.L.P.(C) No. 4822 of 2012(Permission to urge new facts and file additional documentsand prayer for interim relief and office report)S.L.P.(C) No. 11690 of 2012(With office report)S.L.P. (C) No 11702 of 2012(With office report)S.L.P. No. 11693 of 2012(With office report)S.L.P. No. 11694 of 2012(With office report)S.L.P. No. 11697 of 2012(With office report)S.L.P. No.11699 of 2012(With appln. for permission to bring additional facts anddocuments on record and office report)S.L.P. No. 11703 of 2012(With office report)S.L.P. No.11704 of 2012(With office report)S.L.P. No. 11705 of 2012(With office report)S.L.P. No. 11706 of 2012(With office report)S.L.P. No. 11709 of 2012(With office report) 10S.L.P. No.11707 of 2012(With office report)S.L.P. No.11710 of 2012(With office report)S.L.P. No.11712 of 2012(With office report)S.L.P. No.....CC No. 6093 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 6483 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 6604 of 2012(With c/delay in filing SLP and office report)

S.L.P. Nos. 6632-6633 of 2012(With c/delay in filing SLP/refiling and office report)S.L.P. No.....CC No.6659 of 2012(With c/delay in filing SLP and office report)S.L.P.(C) No. 13023 of 2013(With office report)S.L.P. No.....CC No. 6800 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 6829 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 10109 of 2012(With c/delay in filing SLP and office report)S.L.P.(C) NO. 11072 of 2013(With appln. for c/delay in filing SLP and office report)S.L.P.(C) No. 11068 of 2013(With appln. for c/delay in filing SLP and placing addl.facts and documents on record and office report)S.L.P.(C) No. 11069 of 2013 11(With appln. for c/delay in filing SLP and office report)S.L.P. No.....CC No. 12769 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No.13044 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 13114 of 2012(With c/delay in filing SLP and office report)S.L.P. No.....CC No. 13300 of 2012(With c/delay in filing SLP and office report)S.L.P.(C) No. 26386 of 2012(With office report)S.L.P.(C) No. 26388 of 2012(With office report)S.L.P.(C) No. 26389 of 2012(With office report)S.L.P. No.26391 of 2012(With office report)S.L.P.(C) No. 26306 of 2012(With office report)S.L.P. No.26307 of 2012(With office report)S.L.P.(C) No. 26308 of 2012(With office report)

SLP(C) NO. 28655/2012(With office report)SLP(C) NO. 28812/2012(With office report)SLP(C) NO. 28813/2012(With office report)SLP(C) NO. 28814/2012 12(With office report)SLP(C) NO. 28816/2012(With office report)SLP(C) NO. 28815/2012(With office report)SLP(C) NO. 28818/2012(With office report)SLP(C) NO. 28817/2012(With office report)SLP(C) NO. 28823/2012(With office report)SLP(C) NO. 28819/2012(With office report)SLP(C) NO. 28824/2012(With office report)SLP(C) NO. 28825/2012(With office report)SLP(C) NO. 28827/2012(With office report)SLP(C) NO. 28828/2012(With office report)SLP(C) NO. 28829/2012 ](With office report)SLP(C) NO. 33343/2012(With office report)SLP(C) NO. 33345/2012(With office report)SLP(C) NO. 30246/2012(PRAYER FOR INTERIM RELIEF AND OFFICE REPORT)SLP(C) NO. 33347/2012(With office report) 13SLP(C) NO. 33350/2012(With office report)SLP(C) NO. 33348/2012(With office report)SLP(C) NO. 33352/2012

(With office report)SLP(C) NO. 33353/2012(With office report)SLP(C) NO. 33354/2012(With office report)SLP(C) NO. 33356/2012(With office report)SLP(C) NO. 35328/2012(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 37149/2012(With office report)SLP(C) NO. 37151/2012(With office report)SLP(C) NO. 37152/2012(With office report)SLP(C) NO. 37153/2012(With office report)SLP(C) NO. 37154/2012(With office report)SLP(C) NO. 39202/2012(With office report)SLP(C) NO. 15852/2013(C/DELAY IN FILING SLP AND OFFICE REPORT FOR DIRECTION)S.L.P.(C)... /2013 CC NO. 2335(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 5765/2013 14(With office report)SLP(C) NO. 5821/2013(With office report)SLP(C) NO. 5753/2013(With office report)SLP(C) NO. 5810/2013(With office report)SLP(C) NO. 5838/2013(With office report)SLP(C) NO. 5751/2013(With office report)SLP(C) NO. 9907/2013(With office report)SLP(C) NO. 9909/2013(With office report)SLP(C) NO. 9912/2013(With office report)SLP(C) NO. 9911/2013(With office report)

SLP(C) NO. 9914/2013(With office report)SLP(C) NO. 9915/2013(With office report)SLP(C) NO. 9913/2013(With office report)SLP(C) NO. 9916/2013(With office report)SLP(C) NO. 9918/2013(With office report)SLP(C) NO. 10927/2013(C/DELAY IN FILING SLP AND OFFICE REPORT) 15SLP(C) NO. 10928/2013(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 10929/2013(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 10930/2013(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 10931/2013(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 10936/2013(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 10933/2013(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 10934/2013(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 10935/2013(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 10938/2013(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 10939/2013(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 10941/2013 )(C/DELAY IN FILING SLP AND OFFICE REPORT)\SLP(C) NO. 10940/2013 (S. IVB)(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 10942/2013 (S. IVB)(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 10943/2013 (S. IVB)(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 13021/2013 (S. IVB)(C/DELAY IN FILING SLP AND OFFICE REPORT) 16

S.L.P.(C)... /2013 CC NO. 6861(With office report)SLP(C) NO. 14780/2013(With office report)SLP(C) NO. 14782/2013(With office report)SLP(C) NO. 15299/2013(C/DELAY IN FILING SLP AND C/DELAY IN REFILING SLP ANDOFFICE REPORT)SLP(C) NO. 15300/2013(C/DELAY IN FILING SLP AND C/DELAY IN REFILING SLP ANDOFFICE REPORT)SLP(C) NO. 20830/2013(With office report)SLP(C) NO. 15301/2013(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 15302/2013(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 15303/2013(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 15305/2013(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 19469/2013(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 17618/2013(C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 20529/2013SLP(C) NO. 16788/2013(With office report) SLP(C) NO. 18880/2013(With office report) 17SLP(C) NO. 8086/2014(PRAYER FOR INTERIM RELIEF)S.L.P.(C)... /2014 CC NO. 3626(C/DELAY IN FILING SLP)SLP(C) NO. 8103/2014(PRAYER FOR INTERIM RELIEF)S.L.P.(C) No. 21492 of 2013(With appln. for C/delay in filing SLP and prayer forinterim relief and office report)Date : 08/07/2014 These petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE R.K. AGRAWAL HON'BLE MR. JUSTICE ARUN KUMAR MISHRA

For Petitioner(s) Mr. L.N. Rao, ASG Mr. Nikhil Nayyar, Addl Adv. Gen. Mr. Jagdish Singh Chhabra, Adv.For Respondent(s) Mr. Joginder Sukhija, Adv. Mr. Anis Ahmed Khan, Adv. Mr. Ajay Pal, Adv. Mr. Kuldip Singh, Adv. Ms. Naresh Bakshi, Adv. Mrs. Rachana Joshi Issar, Adv. Mr. Vineet Bhagat, Adv. Dr.(Mrs.) Vipin Gupta, Adv. Mr. Ansar Ahmad Chaudhary, Adv. Mr. Dinesh Verma, Adv. Mr. Subhasish Bhowmick, Adv. Mr. Satyendra Kumar, Adv. Mr. Kanhaiya Priyadarshi, adv. 18 Mr. Satyendra Kumar, Adv. Mr. Mukesh K Verma, Adv. Dr. Ashwani Bhardwaj, Adv. Mr. Balbir Singh gupta, Adv. Ms. Namita choudhary, Adv. Mr. Anil Kumar Tandale, Adv. Mrs. Kanchan Kaur Dhodi, Adv. Mr. S.K. Sabharwal, Adv. Mr. Sudhir Walia, Adv. Mr. Abhishek Atrey, Adv. Mr. Balbir Singh gupta, Adv. Mr. Rahul Gupta, adv. Mr. Sarad Kumar Singhania, Adv. Mr. S.L. Aneja, Adv. UPON hearing the counsel the Court made the following O R D E R Without answering the reference, thematters are sent back to the Division bench forits appropriate disposal.[ Charanjeet Kaur ] [ Vinod Kulvi ] Court Master Asstt. Registrar

[ Signed reportable order is placed on the file ]

â ITEM NO.33 COURT NO.3 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). D. 11837/2014 U.O.I.& ORS. Appellant(s) VERSUS OM PATI Respondent(s) (with appln. (s) for leave to appeal u/s 31(1) of the armed forces tribunal act, 2007 and office report) Date : 07/07/2014 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Appellant(s) Mr. P.S. Narisimhan,ASG Mr. R. Balasubramanian, Adv. Mr. Arvind Bambroo, Adv. Mr. B. V. Balaram Das ,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Post tomorrow alongwith the records of SLP(C)...CC No. 15128 of 2008, Civil Appeal D. No. 30780 OF 2013 with Civil Appeal D. No. 32311 OF 2013, Civil Appeal D. No. 35824 OF 2013 with Civil Appeal D. No. 29189 OF 2013 and Civil Appeal D. No. 36567 OF 2013.Signature Not VerifiedDigitally signed by (NEELAM GULATI)Shashi SareenDate: 2014.07.1116:41:45 IST (VEENA KHERA)Reason: COURT MASTER COURT MASTER

( ITEM NO.50 COURT NO.11 SECTION IVB 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 (C) No(s). 21492/2013 (Arising out of impugned final judgment and order dated 07/04/2010 in WP No. 5473/2005 passed by the High Court Of Punjab & Haryana at Chandigarh) STATE OF PUNJAB & ORS. Petitioner(s) VERSUS JIWAN ASHA Respondent(s) (With application for condonation of delay in filing SLP, prayer for interim relief and office report) Date : 04/07/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE A.K. SIKRI For Petitioner(s) Mr. Saurabh Ajay Gupta, Adv. Mr. Saurabh Singhal, Adv. Mr. Jagjit Singh Chhabra, Adv. For Respondent(s) Mr. S. K. Sabharwal ,Adv. UPON hearing the counsel the Court made the following O R D E R In the light of the reference made to a larger Bench by the judgment dated 24th February, 2014, wherein also a similar issue is involved, this Special Leave Petition shall be tagged with SLP(C) NO. 11690 of 2012 and other connected matters.Signature Not VerifiedDigitally signed byKalyani GuptaDate: 2014.07.0516:08:49 ISTReason: (KALYANI GUPTA) (SHARDA KAPOOR) COURT MASTER COURT MASTER

´ITEM NO.35 COURT NO.7 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).6692/2012(From the judgment and order dated 30/03/2011 in CWPNo.4829/2006 of the HIGH COURT OF PUNJAB & HARYANA ATCHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSNEENA SINGLA Respondent(s)(With prayer for interim relief and office report)Date: 07/04/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE A.K. SIKRIFor Petitioner(s) Mr. Nikhil Nayyar, AAG Mr. Kuldip Singh, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Tag with Special Leave Petition (Civil) No.11684 of 2012. (VINOD LAKHINA) (INDU BALA KAPUR) COURT MASTER COURT MASTER

zITEM NO.22 COURT NO.13 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2014 (CC 4152/2014)(From the judgement and order dated 19/05/2011 in CWP No.12160/2006 of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSBAKHSHISH SINGH Respondent(s)With I.A.1 (C/delay in filing SLP and c/delay in refiling SLP and officereport)Date: 14/03/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE M.Y. EQBALFor Petitioner(s) Mr.Dhananjay Baijal, Adv. Ms. Naresh Bakshi, AOR(Not Present)For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Tag with SLP(C)No.11684 of 2012. (Satish K.Yadav) (Phoolan Wati Arora) Court Master Assistant Registrar

¼ITEM NO.33 COURT NO.15 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2014 CC 3626/2014(From the judgement and order dated 08/07/2013 in CWP No.1542/2012 of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSNATHU RAM SINGLA Respondent(s)(With appln(s) for c/delay in filing SLP)Date: 03/03/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE M.Y. EQBALFor Petitioner(s) Mr. Nikhil Nayyar, AAG. Mr. Jagjit Singh Chhabra,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Tag with SLP (C)No. 11684 of 2012. [Nidhi Ahuja] [Phoolan Wati Arora] Court Master Assistant Registrar

´ITEM NO.39 COURT NO.14 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).30473/2011(From the judgement and order dated 16/12/2010 in CWP No.22453/2010 of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ANR. Petitioner(s) VERSUSNEM CHAND & ORS. Respondent(s)(With prayer for interim relief and office report)Date: 28/02/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE M.Y. EQBALFor Petitioner(s) Mr. Nikhil Nayyar, AAG. Ms. Kavita Wadia, Adv. Mr. Jagjit Singh Chhabra, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Tag with SLP (C) No. 11684 of 2012. [Nidhi Ahuja] [Phoolan Wati Arora] Court Master Assistant Registrar

ITEM NO.53 COURT NO.6 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 6861/2013(From the judgement and order dated 19/03/2012 in CWP No.4908/2012, of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSGURCHARAN SINGH DAULA & ORS. Respondent(s)(OFFICE REPORT ON DEFAULT)Date: 27/08/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK (IN CHAMBERS)For Petitioner(s) Mr. K.K. Mahalik, Adv. Mr. Kuldip Singh, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Four weeks' time is granted to the petitioners to file copy of order dated 9th May, 2011. | (G. SUDHAKARA RAO) | |(SHARDA KAPOOR) ||COURT MASTER | |COURT MASTER |

ô\203ITEM NO.6 REGISTRAR COURT.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).11693/2012STATE OF PUNJAB & ORS. Petitioner(s) VERSUSDARSHAN SINGH Respondent(s)(With office report ) SLP(C)No.11697/2012 STATE OF PUNJAB & ANR MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. PRABHASH CHANDER MAHENDRU & SLP(C)No.11702/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. ASHOK KUMAR SLP(C)No.11703/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. BINDER SINGH SLP(C)No.11705/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. HARJIT SINGH SLP(C)No.11710/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. KIRAN BALA SLP(C)No.26306/2012 STATE OF PUNJAB & ANR MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. PUNJAB SINGH & ORS. SLP(C)No.26307/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. BALBIR SINGH SLP(C)No.26308/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. ASHOK KUMAR SLP(C)No.28812/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. NEELAM KUMARI SLP(C)No.28813/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. KAMIKAR SINGH SLP(C)No.28814/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. PREM CHAND SLP(C)No.28815/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGH CHHABRA IVB A/N-O Vs. JATINDERPAL ARORA SLP(C)No.28816/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. DEV RAJ SLP(C)No.28817/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. PURAN SINGH MR. BALBIR SINGHGUPTA SLP(C)No.28818/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA

IVB A/N-O Vs. POHLA SINGH SLP(C)No.28819/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. DEV RAJ SLP(C)No.28823/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGH CHHABRA IVB A/N-O Vs. SUNIL KUMAR SLP(C)No.28824/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. NASEEB CHAND SIDHU CONTD......2ITEM NO.6 -2- SLP(C)No.28825/2012 STATE OF PUNJAB & ANR. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. BALBIR SINGH SLP(C)No.28827/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. KULDIP KAUR SLP(C)No.28828/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. VIPIN PAL SLP(C)No.28829/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. TARSEM SINGH MS. NAMITACHOUDHARY SLP(C)No.26386/2012 SEC.PUBLIC HEALTH PUNJAB & MR. JAGJIT SINGHCHHABRA IVB A/N-O ORS. SLP(C)No.26388/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. KULDIP CHAND & ORS. SLP(C)No.26389/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. BABU SINGH SIDHU MR. ASHWANIBHARDWAJ SLP(C)No.26391/2012 STATE OF PUNJAB & ANR MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. KULDIP SINGH BHATTAL MR. SUBHASISHBHOWMICK SLP(C)No.28655/2012 STATE OF PUNJAB & ORS. MR. KULDIP SINGH VS. GURDEEP SINGH SODHI & ORS. SLP(C)No.30751/2012 STATE OF PUNJAB & ORS. MR. KULDIP SINGH IVB A/N-O Vs. R.S.GULATI SLP(C)No.33343/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. MUKHTIAR SINGH SLP(C)No.30246/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. BALBIR KAUR SLP(C)No.33345/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. NAZIR KHAN SLP(C)No.33347/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. SUSHIL KUMAR SLP(C)No.33348/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. NARESH KUMARI SLP(C)No.33350/2012 STATE OF PUNJAB AND ORS. MR. JAGJIT SINGH CHHABRA IVB A/N-O Vs. VEENA KUMARI 100, 0, 0 S.( 613) (WITH OFFICE REPORT) SLP(C)No.33352/2012 SECY.IRRIGATION WORKS, PUNJAB MR. JAGJIT SINGH

CHHABRA IVB A/N-O AND ORS. Vs. INDERJIT SINGLA SLP(C)No.33353/2012 STATE OF PUNJAB AND ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. BALDEV KAUR SLP(C)No.33354/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. RAJ KUMAR SLP(C)No.33356/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. DARSHAN SINGH & ORS SLP(C)No.35328/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. RAM DASS SLP(C)No.37149/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. SUBHASH CHANDER SLP(C)No.37151/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA SLP(C)No.37152/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGH CHHABRAVs. FITU RAM SLP(C)No.37153/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGH CHHABRA Vs. SUDESH KUMARI CONTD.....3ITEM NO.6 -3- SLP(C)No.37154/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. DALJIT KAUR & ANR. SLP(C)No.39202/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. SATISH KUMAR SLP(C)No.519/2013 STATE OF PUNJAB & ORS. MR. KULDIP SINGH IVB A/N-O Vs. NAND LAL SLP(C)No.523/2013 STATE OF PUNJAB & ORS. MR. KULDIP SINGH IVB A/N-O Vs. NARENDRA PAL SINGH SLP(C)No.524/2013 STATE OF PUNJAB & ORS. MR. KULDIP SINGH IVB A/N-O Vs. CHANCHAL DEVI SLP(C)No.5765/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. KULBIR SINGH SLP(C)No.5821/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. BANWARI LAL & ANR. SLP(C)No.5810/2013 STATE OF PUNJAB & ORS. MS. NARESH BAKSHI IVB A/N-O Vs. GARJA SINGH & ANR. MRS. KANCHAN KAURDHODI SLP(C)No.5753/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. RAM KISHAN SLP(C)No.5838/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. BALWINDER KAUR & ORS. SLP(C)No.5751/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. JAI SINGH & ORS. SLP(C)No.10927/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. KRISHAN KUMAR SLP(C)No.10928/2013 STATE OF PUNJAB AND ORS MS. NARESH BAKSHI

IVB A/N-O Vs. KAMLESH KUMARI SLP(C)No.10929/2013 STATE OF PUNJAB & ORS. MS. NARESH BAKSHI IVB A/N-O Vs. BALWINDER KAUR SLP(C)No.10931/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. RAM SINGH SLP(C)No.10933/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. THARU RAM & ORS. MR. VINEET BHAGAT SLP(C)No.10930/2013 STATE OF PUNJAB & ORS. MS. NARESH BAKSHI SLP(C)No.10934/2013 STATE OF PUNJAB TH HOME SEC., MR. JAGJIT SINGHCHHABRA PUNJAB &ORS SLP(C)No.10935/2013 STATE OF PUNJAB AND ORS MS. NARESH BAKSHI IVB A/N-O Vs. CHANDER MOHINI SLP(C)No.10936/2013 STATE OF PUNJAB AND ORS MS. NARESH BAKSHI IVB A/N-O Vs. PREM SINGH MR. RAHUL GUPTA SLP(C)No.10938/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. TARSEM LAL SLP(C)No.10939/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. RAJINDER PAL MR. VINEET BHAGAT SLP(C)No.10940/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. NIRMAL SINGH MR. SUBHASISHBHOWMICK SLP(C)No.10941/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. HARBHAJAN SINGH SLP(C)No.10942/2013 STATE OF PUNJAB AND ORS MS. NARESH BAKSHI IVB A/N-O Vs. PARSHOTAM LAL SLP(C)No.10943/2013 STATE OF PUNJAB & ORS MS. NARESH BAKSHI IVB A/N-O Vs. MADAN MOHAN GUPTA SLP(C)No.9907/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. PREM CHAND MR. S.K. SABHARWAL SLP(C)No.9909/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. HARJINDER SINGH PURI & ORS.CONTD.....4ITEM NO.6 -4- SLP(C)No.9911/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. SHAM LAL) SLP(C)No.9912/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. ONKAR NATH & ORS. MR. ABHISHEK ATREY SLP(C)No.9913/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. RAJINDER SINGH SLP(C)No.9914/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. SUKHWINDER SINGH SEKHON SLP(C)No.9915/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. HEM RAJ SLP(C)No.9916/2013 STATE OF PUNJAB & ANR MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. KARTAR SINGH BRAR SLP(C)No.9918/2013 STATE OF PUNJAB & ORS. MS. NARESH BAKSHI IVB A/N-O Vs. ROOP LAL SLP(C)No.13021/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGH

CHHABRA IVB SLP(C)No.13023/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. HUKUM CHAND 100, 0, 0 S.( 613) (WITH OFFICE REPORT) 2ND LISTINGNOT TO BE LISTED BEFORE **, 0 SLP(C)No.11072/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. LALITA DEVI 100, 0, 0 S.( 613) (WITH APPLN.(S) FOR C/DELAY IN 2ND LISTING FILING SLP AND OFFICE REPORT)NOT TO BE LISTED BEFORE **, 0 SLP(C)No.14780/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. RAM LUBHAYA & ORS. 100, 0, 0 S.( 613) (WITH OFFICE REPORT) 2ND LISTINGNOT TO BE LISTED BEFORE **, 0 SLP(C)No.14782/2013 STATE OF PUNJAB AND ORS MR. KULDIP SINGH IVB A/N-O Vs. KASHI PRASHAD 100, 0, 0 S.( 613) (WITH OFFICE REPORT) 2ND LISTING SLP(C)No.15852/2013 PUNJAB STATE & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. GURNAM SINGH 100, 0, 0 S.( 613) (WITH APPLN.(S) FOR C/DELAY IN 2ND LISTING FILING SLP AND OFFICE REPORT FOR DIRECTION) SLP(C)No.15299/2013 STATE OF PUNJAB & ORS. MS. NARESH BAKSHI IVB A/N-O Vs. KIRAN PASSI 100, 0, 0 S.( 613) (WITH APPLN.(S) FOR C/DELAY IN 2ND LISTING FILING SLP AND C/DELAY IN REFILING SLP AND OFFICE REPORT) SLP(C)No.15300/2013 STATE OF PUNJAB & ORS. MS. NARESH BAKSHI IVB A/N-O Vs. RAMESH CHANDER 100, 0, 0 S.( 613) (WITH APPLN.(S) FOR C/DELAY IN 2ND LISTING FILING SLP AND C/DELAY IN REFILING SLP AND OFFICE REPORT) SLP(C)No.15301/2013 STATE OF PUNJAB & ORS. MS. NARESH BAKSHI IVB A/N-O Vs. TEJINDER KAUR 100, 0, 0 S.( 613) (WITH APPLN.(S) FOR C/DELAY IN contd.....5ITEM NO.6 -5- SLP(C)No.15302/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. SURINDER SINGH 100, 0, 0 S.( 613) (WITH APPLN.(S) FOR C/DELAY IN 2ND LISTING FILING SLP AND OFFICE REPORT)NOT TO BE LISTED BEFORE **, 0 SLP(C)No.15303/2013 STATE OF PUNJAB AND ORS MS. NARESH BAKSHI IVB A/N-O Vs. MAJOR SINGH MR. VINEET BHAGAT 100, 0, 0 S.( 613) (WITH APPLN.(S) FOR C/DELAY IN 2ND LISTING FILING SLP AND OFFICE REPORT) SLP(C)No.15305/2013 STATE OF PUNJAB & ORS. MS. NARESH BAKSHI IVB A/N-O Vs. GURCHARAN SINGH 100, 0, 0 S.( 613) (WITH APPLN.(S) FOR C/DELAY IN 2ND LISTING FILING SLP AND OFFICE REPORT)NOT TO BE LISTED BEFORE **, 0 SLP(C)No.15307/2013 STATE OF PUNJAB & ORS. MR. KULDIP SINGH IVB A/N-O Vs. SUMINDER SINGH & ORS. 100, 0, 0 S.( 613) (WITH OFFICE REPORT)

2ND LISTINGWITH SLP(C)No.16788/2013 PUNJAB URBAN PLANNING & DEV. MRS.RACHANA JOSHIISSAR IVB A/N-H AUTH.& ANR 100, 0, 0 S.( 613)Vs. R.K. ARORA & ANR. (WITH OFFICE REPORT) 2ND LISTINGNOT TO BE LISTED BEFORE **, 0 SLP(C)No.18880/2013 STATE OF PUNJAB & ORS. MS. NARESH BAKSHI IVB A/N-H Vs. MAKHAN SINGH 100, 0, 0 S.( 613) (WITH OFFICE REPORT) 2ND LISTINGNOT TO BE LISTED BEFORE **, 0 SLP(C)No.19469/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. LAXMI NARAYAN GOEL 100, 0, 0 S.( 613) (WITH APPLN.(S) FOR C/DELAY IN 2ND LISTING FILING SLP AND OFFICE REPORT)NOT TO BE LISTED BEFORE **, 0 SLP(C)No.17618/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. SUKHVINDER SINGH KALSI 100, 0, 0 S.( 613) (WITH APPLN.(S) FOR C/DELAY IN 2ND LISTING FILING SLP AND OFFICE REPORT)NOT TO BE LISTED BEFORE **, 0 SLP(C)No.20529/2013 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. RAMESH KUMAR 100, 0, 0 S.( 613) 2ND LISTINGNOT TO BE LISTED BEFORE **, 0 SLP(C)No.20830/2013 STATE OF PUNJAB AND ORS MR. KULDIP SINGH IVB A/N-O Vs. DEVINDER KAUR 100, 0, 0 S.( 613) (WITH OFFICE REPORT) 2ND LISTINGNOT TO BE LISTED B CONTD....6ITEM NO.6 -6-Date: 02/08/2013 This Petition was called on for hearing today.For Petitioner(s) Mr.Shubham Bhalla,adv. Mr. Jagjit Singh Chhabra,Adv.For Respondent(s) Ms.Shikha Roy,adv. Mr.S.K.Sabharwal,adv. Mr.Neeraj Sharma,adv. Mr.Shish Pal Laler,adv. Mr.Balbir Singh Gupta,adv. Mr.Sudhir Walia,adv. Mr.Abhishek Atrey,adv. Mr.Vineet Bhagat,adv. UPON hearing counsel the Court made the following O R D E R

In SLP(C)Nos.10933, 10939 and 15303/2013 it is submitted by Mr.Vineet Bhagat that he has filed vakalatnama but the copy of the pleadings has not been served on him. Ld.counsel for the petitioner is directed to serve copy of the pleadings and file proof. The respondent may file counter affidavit within four weeks thereafter. In SLP(C) No.26306/12 the respondent has sent a letter which indicates that the notice has been served on them. Hence, service is complete. Contd......7 ITEM NO.6 -7- They may file their counter affidavit if any, within four weeks. In all other cases, await return of notice of the unserved respondents. The served respondents may file their counter affidavit if any, within four weeks. List the matter on 27.09.2013.| | |(Sunil Thomas) || | |Registrar |SB

²ITEM NO.49[CHAMBER] COURT NO.7 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).26308/2012(From the judgment and order dated 16/01/2012 in WP No.16531/2011 of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSASHOK KUMAR Respondent(s)(Office report for directions)Date: 17/07/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK [IN CHAMBERS]For Petitioner(s) Mr. Jagjit Singh Chhabra, Adv.(NP)For Respondent(s) UPON hearing counsel the Court made the following O R D E R| ||Delay of 67 days in filing process fee and spare copies condoned. || ||[KALYANI GUPTA] | |[SHARDA KAPOOR] ||COURT MASTER | |COURT MASTER |

JITEM NO.2 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2010 CC 15916/2010(From the judgement and order dated 17/05/2010 in CWP No.16591/2009, ofThe HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSMANMOHAN LAL Respondent(s)With I.A.1(C/delay in filing SLP and office report)Date: 05/07/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Saurabh Ajay Gupta, Adv. Mr. Saurabh Singhal, Adv. Mr. Ajay Pal, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Tag with SLP(C)No. 32555 of 2009.|(Sheetal Dhingra) | |(Juginder Kaur) ||AR-cum-PS | |Assistant Registrar |

ITEM NO.12 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 11088/2013(From the judgement and order dated 07/04/2010 in WP No.5473/2005, of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSJIWAN ASHA Respondent(s)With I.A.1(C/delay in filing SLP and office report)Date: 05/07/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Saurabh Ajay Gupta, AAG. Mr. Saurabh Singhal, Adv. Mr. Jagjit Singh Chhabra, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice on the application for condonation of delay, as also on the Special Leave Petition. Let the matter be heard along with SLP(C)No. 24607 of 2010.|(Sheetal Dhingra) | |(Juginder Kaur) ||AR-cum-PS | |Assistant Registrar |

ITEM NO.17 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 7853/2013(From the judgement and order dated 04/11/2011 in CWP No.13421/1994of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB AND ORS Petitioner(s) VERSUSDEVINDER KAUR Respondent(s)(With appln(s) for c/delay in filing SLP and office report)Date: 01/07/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Kuldip Singh, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Let the matter be heard along with S.L.P.(C) No.32555 of 2009.|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |

6ITEM NO.18 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 9889/2013(From the judgement and order dated 03/11/2012 in CWP No.11629/2012of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSRAMESH KUMAR Respondent(s)(With appln(s) for c/delay in filing SLP)Date: 01/07/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Kuldip Singh, Adv. Mr. Jagjit Singh Chhabra, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Let the matter be heard along with S.L.P.(C) No.32555 of 2009.|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |

ITEM NO.22 REGISTRAR COURT.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).11693/2012STATE OF PUNJAB & ORS. Petitioner(s) VERSUSDARSHAN SINGH Respondent(s)With SLP(C)Nos.11697, 11702, 11703, 11705, 11710, 26306, 26307, 26308,28812, 28813, 28814, 28815, 28816, 28817, 18818, 28819, 28823, 28824,28825, 28827, 28828, 28829, 26386, 26388, 26389, 26391, 28655, 30751,33343, 30246, 33345, 33347, 33348, 33350, 33352, 33353, 33354, 33356,35328, 37149, 37151, 37152, 37153, 37154, 39202/2012, 519, 523, 524,5765, 5821, 5810, 5753, 5838, 5751, 9907, 9909, 9911, 9912, 9913, 9914,9915, 9916 and 9918/2013Date: 03/05/2013 This Petition was called on for hearing today.For Petitioner(s) Mr. Jagjit Singh Chhabra,Adv. Mr. Kuldip Singh,Adv. Ms. Naresh Bakshi,Adv.For Respondent(s) Mr. Balbir Singh Gupta,Adv. Ms. Namita Choudhary,Adv. Mr. Subhasish Bhowmick,Adv. Mrs. Kanchan Kaur Dhodi,Adv. Mr. Yashpal Rangi,Adv. UPON hearing counsel the Court made the following O R D E R In SLP(C)No.26308/2012 and 11697/2012 the respective petitioners are directed to take fresh steps in correct ...2/- Item No.22 : 2 : address. Await return of notice of the unserved respondents. All the served respondents are granted four weeks time for filing counter affidavit. List the matters on 2.8.2013.| | |(SUNIL THOMAS) ||s | |Registrar |

ITEM NO.16 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 9065/2013(From the judgement and order dated 19/05/2011 in CWP No.11112/2006, ofThe HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSLAXMI NARAYAN GOEL Respondent(s)(With appln(s) for c/delay in filing SLP and office report)WITH S.L.P.(C)...CC NO.9273 of 2013(With appln(s) for c/delay in filing SLP and office report)Date: 29/04/2013 These Petitions were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VIKRAMAJIT SEN HON'BLE MR. JUSTICE SHARAD ARVIND BOBDEFor Petitioner(s) Mr. Saurabh Ajay Gupta, AAG, Punjab Mr. Saurabh Singhal, Adv. Mr. Jagjit Singh Chhabra,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice, both on the special leave petition, as also on the application for conondation of delay. Let these matters be heard along with S.L.P.(C) No.32555 of 2009.|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |

ðITEM NO.9 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 23513/2012(From the judgement and order dated 16/01/2012 in RSA No.234/2012, of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)PUNJAB STATE & ORS. Petitioner(s) VERSUSGURNAM SINGH Respondent(s)With I.A.1(C/delay in filing SLP and office report)Date: 18/04/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Saurabh Ajay Gupta, AAG, Punjab Mr. Saurabh Singhal, Adv. Mr. Jagjit Singh Chhabra, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice on the application for condonation of delay, as also on the Special Leave Petition. Let the matter be heard along with SLP(C)No.32555 of 2009.|(Sheetal Dhingra) | |(Juginder Kaur) ||AR-cum-PS | |Assistant Registrar |

hITEM NO.6 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 7365/2013(From the judgement and order dated 27/09/2012 in CWP No.9830/2011, of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSRAM LUBHAYA & ORS. Respondent(s)With I.A.1(C/delay in filing SLP and office report)WITHS.L.P.(C)...CC NO. 7383 of 2013With I.A.1(C/delay in filing SLP and office report)Date: 10/04/2013 These Petitions were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Ajay Kapur, Sr. Adv. Mr. Dinesh Kumar, Adv. Mr. Jagjit Singh Chhabra, AOR Mr. Kuldip Singh, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Let the matters be heard along with SLP(C)No.32555 of 2009.|(Sheetal Dhingra) | |(Juginder Kaur) ||AR-cum-PS | |Assistant Registrar |

îITEM NO.13 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 6706/2012(From the judgement and order dated 12/07/2011 in CWP No. 11960/2011, ofThe HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSHUKUM CHAND Respondent(s)With I.A.1(C/delay in filing SLP and office report)Date: 22/03/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAIFor Petitioner(s) Mr. Saurabh Ajay Gupta, AAG. Mr. Jagjit Singh Chhabra, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Tag with SLP(C)No.32555 of 2009.|(Sheetal Dhingra) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |

hITEM NO.27 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 6061/2013(From the judgement and order dated 10/03/2010 in CWP No.7273/2009, of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSAJIT SINGH Respondent(s)With I.A.1(C/delay in filing SLP and office report)Date: 22/03/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAIFor Petitioner(s) Mr. Saurabh Ajay Gupta, AAG.Punjab Mr. Jagjit Singh Chhabra, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice on the application for condonation of delay, as also on the Special Leave Petition. Tag with SLP(C)No.32555 of 2009.|(Sheetal Dhingra) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |

\224ITEM NO.4 REGISTRAR COURT.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).11693/2012STATE OF PUNJAB & ORS. Petitioner(s) VERSUSDARSHAN SINGH Respondent(s)With SLP(C)Nos.11697, 11702, 11703, 11705, 11710, 26306, 26307, 26308,28812, 28813, 28814, 28815, 28816, 28817, 28818, 28819, 28823, 28824,28825, 28827, 28828, 28829, 26386, 26388, 26389, 26391, 28655, 30751,33343, 30246, 33345, 33347, 33348, 33350, 33352, 33353, 33354, 33356,35328, 37149, 37151, 37152, 37153, 37154, 39202/2012, 519, 523 and 524/2013Date: 14/03/2013 This Petition was called on for hearing today.For Petitioner(s) Mr. Jagjit Singh Chhabra,Adv. Mr. Kuldip Singh,Adv. Mr. Shailendra Sharma,Adv. Mr. Ravinder Agarwal,Adv.For Respondent(s) Mr. Subhasish Bhowmick,Adv. Mr. Mukesh K. Verma,Adv. Mr. Ashwani Bhardwaj,Adv. Mr. Manit Singh,Adv. Mr. Kamal Mohan Gupta,Adv. Mr. Vineet Bhagat,Adv. Ms. Neha Jain,Adv. Mr. Vikas K. Sangwan,Adv. Mr. S.K. Sharma,Adv. Ms. Namita Choudhary,Adv. Mr. M.K. Choudhary,Adv. ...2/-Item No.4 : 2 : UPON hearing counsel the Court made the following O R D E R In all the cases await return of notice of the unserved respondents. All the served respondents are granted four more weeks time for filing counter affidavit. List the matters on 3.5.2013.

| | |(SUNIL THOMAS) ||s | |Registrar |

ôITEM NO.10 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013(CC 10276/2012)(From the judgement and order dated 01/09/2011 in WP No.16126/2011 of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSLALITA DEVI Respondent(s)(With appln(s) for c/delay in filing SLP and office report)Date: 08/03/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Sanchar Anand,AAG. Mr. Jagjit Singh Chhabra,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice on the special leave petition and also on the application for condonation of delay. Let the petition be heard along with S.L.P. (C) No.32555 of 2009. [ T.I. Rajput ] [ S.S.R. Krishna ] A.R.-cum-P.S. Court Master

ÚITEM NO.11 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013(CC 11432/2012)(From the judgement and order dated 04/10/2011 in CWP No.18754/2011 of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSVIJAY KUMAR & ORS. Respondent(s)(With appln(s) for c/delay in filing SLP and office report)With S.L.P. (C) No........../2013 (CC 11435/2012)(With appln(s) for c/delay in filing SLP and office report)Date: 08/03/2013 These Matters were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Sanchar Anand,AAG. Mr. Jagjit Singh Chhabra,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice on the special leave petitions and also on the applications for condonation of delay. Let the petitions be heard along with S.L.P. (C) No.32555 of 2009. [ T.I. Rajput ] [ S.S.R. Krishna ] A.R.-cum-P.S. Court Master

ÖITEM NO.17+41 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 4618/2013(From the judgement and order dated 23/02/2012 in CWP No.3328/2012of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSKRISHAN KUMAR Respondent(s)(With appln(s) for c/delay in filing SLP and office report)WITH S.L.P.(C)...CC NO. 5199 of 2013(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 5219 of 2013(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 5220 of 2013(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 5230 of 2013(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 5282 of 2013(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 5291 of 2013(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 5307 of 2013(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 5339 of 2013(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 5342 of 2013(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 5343 of 2013(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 5393 of 2013(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 5394 of 2013(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 5491 of 2013(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 5737 of 2013(With appln(s) for c/delay in filing SLP and office report)Date: 04/03/2013 These Petitions were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Ms. Shilpa Sood, AAG, Punjab Mr. K.K. Mahalik, Adv. Mr. Jagjit Singh Chhabra, AOR Ms. Naresh Bakshi, AORFor Respondent(s) UPON hearing counsel the Court made the following

O R D E R Issue notice on the application for condonation of delay, as also on the special leave petition. Let the matter be heard along with S.L.P.(C) No.32555 of 2009.|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |

ÌITEM NO.8 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 1644/2012(From the judgement and order dated 17/05/2010 in CWP No.18911/2009of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSOM PRAKASH GOYAL Respondent(s)(With appln(s) for c/delay in filing SLP and office report)Date: 22/02/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Sanchar Anand, AAG, Punjab Mr. Jagjit Singh Chhabra, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter [S.L.P. (C) No.24607/2010] is heard.|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |

ITEM NO.29 COURT NO.5 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 14398/2011STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSUMINDER SINGH & ORS. Respondent(s)(OFFICE REPORT ON DEFAULT)Date: 18/02/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR (In Chambers)For Petitioner(s) Mr. K. K. Mahalik, Adv. Mr. Kuldip Singh, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Four weeks' time, as last chance, is granted to counsel for thepetitioners to file additional documents as per the undertaking given him. |(Jayant Kumar Arora) | |(Sneh Lata Sharma) ||Sr. P.A. | |Court Master |

ITEM NOs.24+41 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 3659/2013(From the judgement and order dated 28/03/2012 in CWP No.5825/2012, of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSPREM CHAND Respondent(s)With I.A.1(C/delay in filing SLP and office report)WITHS.L.P.(C)...CC NO. 3864 of 2013With I.A.1(C/delay in filing SLP and office report)S.L.P.(C)...CC NO. 3935 of 2013With I.A.1(C/delay in filing SLP and office report)S.L.P.(C)...CC NO. 3943 of 2013With I.A.1(C/delay in filing SLP and office report)S.L.P.(C)...CC NO. 4022 of 2013(for permission to file SLP and office report)S.L.P.(C)...CC NO. 4023 of 2013With I.A.1(C/delay in filing SLP and office report)S.L.P.(C)...CC NO. 4024 of 2013With I.A.1(C/delay in filing SLP and office report)S.L.P.(C)...CC NO. 4165 of 2013With I.A.1(C/delay in filing SLP and office report)WITHS.L.P.(C)...CC NO. 4400 of 2013(With appln.(s) for c/delay in filing SLP and office report)Date: 15/02/2013 These Petitions were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Rakesh Khanna, AAG.Punjab Ms. Arzu Chimni, Adv. Mr. Jagjit Singh Chhabra, AORin SLP..CC 4400/13 Ms. Naresh Bakshi, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Permission to file Special Leave Petition in SLP(C)No.... CC 4022 of 2013 is granted. Issue notice. Tag with SLP(C)No.32555 of 2009.

|(Sheetal Dhingra) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |

ÎITEM NO.26[CHAMBER] COURT NO.8 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).33345/2012(From the judgment and order dated 19/04/2012 in CWP No. 5881/2012 of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSNAZIR KHAN Respondent(s)(office report on default)WITH SLP(C) No. 33354/2012[STATE OF PUNJAB & ORS. V. RAJ KUMAR](Office Report on default)SLP(C) NO. 33356/2012[STATE OF PUNJAB & ORS. V. DARSHAN SINGH & ORS.](Office Report on default)Date: 12/02/2013 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK [IN CHAMBERS]For Petitioner(s) Mr. Jagjit Singh Chhabra, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R| ||Process fee and spare copies be filed within a period of two weeks from today ||in each matter. || ||[KALYANI GUPTA] | |[SHARDA KAPOOR] ||COURT MASTER | |COURT MASTER |

ITEM NO.25[CHAMBER] COURT NO.8 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 14398/2011(From the judgment and order dated 25/11/2010 in CWP No. 20943/2010 of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSUMINDER SINGH & ORS. Respondent(s)(Office report on default)Date: 12/02/2013 This Petition was called on for default today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK [IN CHAMBERS]For Petitioner(s) Mr. Kuldip Singh, Adv.(NP)For Respondent(s) UPON hearing counsel the Court made the following O R D E R| ||No one is present. ||List this matter before the next Hon'ble Judge in Chamber. || ||[KALYANI GUPTA] | |[SHARDA KAPOOR] ||COURT MASTER | |COURT MASTER |

8ITEM NO.29 COURT NO.13 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 6706/2012STATE OF PUNJAB & ORS. Petitioner(s) VERSUSHUKUM CHAND Respondent(s)(OFFICE REPORT ON DEFAULT)Date: 11/02/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR (In Chambers)For Petitioner(s) Mr. K. K. Mahalik, Adv. Mr. Jagjit Singh Chhabra, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Notwithstanding the fact that a letter of undertaking dated04.04.2012 to file copies of certain orders as additional documents wasgiven at the time of filing of this Special Leave Petition, but the saiddocuments have not been filed so far. Learned counsel for the petitioners prays for four weeks' time tofile the above mentioned documents. Under the circumstances, four weeks' time, as a last chance, isgranted to the learned counsel for the said purpose. If the documents are not filed within the aforesaid period, thepetitioners shall forfeit their right to file those documents or place anyreliance on such documents. (JAYANT KUMAR ARORA) (SNEH LATA SHARMA) SR. P. A. COURT MASTER

âITEM NO.6 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 9303/2011(From the judgement and order dated 31/03/2010 in CWP No.3444/2010of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSPAWAN KUMAR Respondent(s)(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)Date: 01/02/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Ms. Shilpa Sood, Adv., AAG Mr. Kuldip Singh, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter [S.L.P. (C) No.24607/2010] is heard.|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |

xITEM NO.9 REGISTRAR COURT.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).37149/2012STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSUBHASH CHANDER Respondent(s)With SLP(C)No.37151, 37152, 37153 and 37154/2012Date: 31/01/2013 This Petition was called on for hearing today.For Petitioner(s) Mr. R.K. Pandey,Adv. Mr. Jagjit Singh Chhabra,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Counsel for the petitioners seeks dasti notice against all unserved respondents Granted. Take steps. If steps are taken, issue dasti notice. Await return of notice. List the matter on 14.3.2013.| | |(SUNIL THOMAS) ||s | |Registrar |

ITEM NOs.31+44 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 2487/2013(From the judgement and order dated 30/09/2010 in CWP No. 17715/2010, ofThe HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSKULBIR SINGH Respondent(s)With I.A.1(C/delay in filing SLP and office report)WITH S.L.P.(C)...CC NO. 2935 of 2013With I.A.1(C/delay in filing SLP and office report)S.L.P.(C)...CC NO. 3178 of 2013(With appln.(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 3180 of 2013(With appln.(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 3208 of 2013(With appln.(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 3303 of 2013(With appln.(s) for c/delay in filing SLP and office report)Date: 28/01/2013 These Petitions were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Ms. Shilpa Sood, Addl.A.G. Mr. Jagjit Singh Chhabra, AOR Ms. Naresh Bakshi, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Let the matters be heard along with SLP(C)No.32555 of 2009. |(Sheetal Dhingra) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |

\2228ITEM NO.9 REGISTRAR COURT.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).11693/2012STATE OF PUNJAB & ORS. Petitioner(s) VERSUSDARSHAN SINGH Respondent(s)(With office report ) SLP(C)No.11697/2012 STATE OF PUNJAB & ANR MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. PRABHASH CHANDER MAHENDRU & SLP(C)No.11702/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. ASHOK KUMAR SLP(C)No.11703/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. BINDER SINGH SLP(C)No.11705/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. HARJIT SINGH SLP(C)No.11710/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. KIRAN BALA SLP(C)No.26306/2012 STATE OF PUNJAB & ANR MR. JAGJIT SINGHCHHABRA SLP(C)No.26307/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. BALBIR SINGH SLP(C)No.26308/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. ASHOK KUMAR SLP(C)No.28812/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. NEELAM KUMARI SLP(C)No.28813/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. KAMIKAR SINGH SLP(C)No.28814/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. PREM CHAND CONTD.....2ITEM NO.9 -2- SLP(C)No.28815/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGH

CHHABRA IVB A/N-O Vs. JATINDERPAL ARORA SLP(C)No.28816/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. DEV RAJ SLP(C)No.28817/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. PURAN SINGH SLP(C)No.28818/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. POHLA SINGH SLP(C)No.28819/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. DEV RAJ SLP(C)No.28823/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. SUNIL KUMAR SLP(C)No.28824/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. NASEEB CHAND SIDHU SLP(C)No.28825/2012 STATE OF PUNJAB & ANR. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. BALBIR SINGH SLP(C)No.28827/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. KULDIP KAUR SLP(C)No.28828/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. VIPIN PAL SLP(C)No.28829/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. TARSEM SINGH MS. NAMITACHOUDHARY SLP(C)No.26386/2012 SEC.PUBLIC HEALTH PUNJAB & MR. JAGJIT SINGHCHHABRA IVB A/N-O ORS. 90,**, 0 S.( 613) Vs. RAGHBIR SINGH 2ND LISTING (WITH OFFICE REPORT) SLP(C)No.26388/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. KULDIP CHAND & ORS. SLP(C)No.26389/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. BABU SINGH SIDHU SLP(C)No.26391/2012 STATE OF PUNJAB & ANR MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. KULDIP SINGH BHATTAL MR. SUBHASISHBHOWMICKWITH SLP(C)No.28655/2012 STATE OF PUNJAB & ORS. MR. KULDIP SINGH IVB A/N-O Vs. GURDEEP SINGH SODHI & ORS. 90,**, 0 S.( 613) (WITH OFFICE REPORT) 2ND LISTING SLP(C)No.30751/2012 STATE OF PUNJAB & ORS. MR. KULDIP SINGH IVB A/N-O Vs. R.S.GULATI SLP(C)No.33343/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. MUKHTIAR SINGH

SLP(C)No.30246/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. BALBIR KAUR SLP(C)No.33345/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. NAZIR KHAN contd.....3ITEM NO.9 -3- SLP(C)No.33347/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA A/N-O Vs. SUSHIL KUMAR SLP(C)No.33348/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA Vs. NARESH KUMARI SLP(C)No.33350/2012 STATE OF PUNJAB AND ORS. MR. JAGJIT SINGHCHHABRA Vs. VEENA KUMARI SLP(C)No.33352/2012 SECY.IRRIGATION WORKS, PUNJAB MR. JAGJIT SINGHCHHABRA SLP(C)No.33353/2012 STATE OF PUNJAB AND ORS. MR. JAGJIT SINGHCHHABRA Vs. BALDEV KAUR SLP(C)No.33354/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA Vs. RAJ KUMAR SLP(C)No.33356/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA Vs. DARSHAN SINGH & ORS SLP(C)No.35328/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA Vs. RAM DASS SLP(C)No.39202/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA Vs. SATISH KUMARDate: 28/01/2013 This Petition was called on for hearing today.For Petitioner(s) Mr.K.K.Mahalik,adv. Mr. Jagjit Singh Chhabra,Adv. Mr.Kuldip Singh,adv.For Respondent(s) Ms.Divya Shukla,adv. Mr.K.G.Bhagat,adv. Mr.Vineet Bhagat,adv. Mr.Yudhister Bhardwaj,adv. Ms.Namita Choudhary,adv. Mr.Subhasish Bhowmick,adv. Mr.Mukesh K.Verma,adv. Dr.Ashwani Bhardwaj,adv. UPON hearing counsel the Court made the following O R D E R

In SLP(C) No.26308/12 Ld.counsel for the petitioner has not taken steps against the unserved respondents in spite of last chance granted. Contd.....4 ITEM NO.9 -4- Hence, list the matter before the Hon'ble Judge in Chambers. In all other matters, await return of notice of the unserved respondents. The served respondents are granted four weeks time for filing counter affidavit. List the matter on 12.03.2013.| | |(Sunil Thomas) || | |Registrar |SB

(ITEM NO.34 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 2335/2013(From the judgement and order dated 10/02/2010 in CWP No. 12935/2009, ofThe HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSRAVINDERJIT KAUR Respondent(s)With I.A.1(C/delay in filing SLP and office report)Date: 24/01/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE D.K. JAIN HON'BLE MR. JUSTICE ANIL R. DAVEFor Petitioner(s) Mr. Rakesh Khanna, AAG.Punjab Mr. Udit Kumar, Adv. Ms. Naresh Bakshi, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R List the matter after disposal of the main matter, i.e. SLP(C)No.24607 of 2010.|(Sheetal Dhingra) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |

ITEM NO.77 COURT NO.13 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 11432/2012STATE OF PUNJAB & ORS. Petitioner(s) VERSUSVIJAY KUMAR & ORS. Respondent(s)(Office report on default)Date: 23/01/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA IN CHAMBERSFor Petitioner(s) Mr. K.K.Mahalik,Adv. Mr. Jagjit Singh Chhabra,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Four weeks' time granted to the counsel for the petitioner for filing additional documents. [SUMAN WADHWA] [SNEH LATA SHARMA] COURT MASTER COURT MASTER

,ITEM NO.74 COURT NO.13 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 10276/2012STATE OF PUNJAB & ORS. Petitioner(s) VERSUSLALITA DEVI Respondent(s)(Office report on default)Date: 23/01/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA IN CHAMBERSFor Petitioner(s) Mr. K.K.Mahalik,Adv. Mr. Jagjit Singh Chhabra,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Four weeks' time granted to the counsel for the petitioner for filing additional documents. [SUMAN WADHWA] [SNEH LATA SHARMA] COURT MASTER COURT MASTER

vITEM NO.126 COURT NO.4 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 9303/2011(From the judgement and order dated 31/03/2010 in CWP No.3444/2010, of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSPAWAN KUMAR Respondent(s)(OFFICE REPORT FOR DIRECTIONS)Date: 09/01/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE G.S. SINGHVI (IN CHAMBERS)For Petitioner(s) Mr. K.K. Mahalik,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Perused office report dated 5.10.2012. The delay of seventeen days in filing the additional documents is condoned. The office to check and proceed further.|(Parveen Kr. Chawla) | (Sneh Lata Sharma) || Court Master | Court Master |

ÈITEM NO.13 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011(CC 22454/2011)(From the judgement and order dated 29/03/2011 in CWP No.5568/2011of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSNAND LAL Respondent(s)(With appln(s) for c/delay in filing SLP, exemption from filingc/c of the impugned judgement and office report)With S.L.P. (C) No......../2012 (CC 164/2012)(With appln(s) for c/delay in filing SLP, exemption from filingc/c of the impugned judgement and office report)S.L.P. (C) No......./2012 (CC 463/2012)(With appln(s) for c/delay in filing SLP, exemption from filingc/c of the impugned judgement and office report)Date: 02/01/2013 This Matter was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Rakesh Khanna,AAG.,Pb. Mr. Udit Kumar,Adv. Mr. Arzu Chimni,Adv. Mr. Kuldip Singh,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Exemption allowed. Issue notice on the applications for condonation of delay as also on the special leave petitions. Let the matter be heard along with S.L.P. (C) No.32555 of 2009. [ T.I. Rajput ] [ Juginder Kaur ] A.R.-cum-P.S. Assistant Registrar

ÜITEM NO.20 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 21714/2012(From the judgement and order dated 24/05/2012 in WP No.10083/2012, of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSATISH KUMAR Respondent(s)With I.A.1(C/delay in filing SLP and office report)Date: 14/12/2012 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SWATANTER KUMAR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Ajay Bansal, AAG. Mr. Devendra Singh, Adv. Mr. Jagjit Singh Chhabra, AOR Mr. Pardaman Singh, Adv. Mr. Rajiv Kumar, Adv. Mr. Dheeraj Gupta, Adv. Mr. Gaurav Yadav, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Let the matter be heard along with SLP(C)No.32555 of 2009.|(Sheetal Dhingra) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |

>)ITEM NO.13 REGISTRAR COURT.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).11693/2012STATE OF PUNJAB & ORS. Petitioner(s) VERSUSDARSHAN SINGH Respondent(s)(With office report ) SLP(C)No.11697/2012 STATE OF PUNJAB & ANR MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. PRABHASH CHANDER MAHENDRU & SLP(C)No.11702/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. ASHOK KUMAR SLP(C)No.11703/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. BINDER SINGHWITH SLP(C)No.11705/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. HARJIT SINGH SLP(C)No.11710/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. KIRAN BALA SLP(C)No.26306/2012 STATE OF PUNJAB & ANR MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. PUNJAB SINGH & ORS. SLP(C)No.26307/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. BALBIR SINGH SLP(C)No.26308/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. ASHOK KUMAR SLP(C)No.28812/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. NEELAM KUMARI SLP(C)No.28813/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. KAMIKAR SINGH SLP(C)No.28814/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. PREM CHAND SLP(C)No.28815/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. JATINDERPAL ARORA SLP(C)No.28816/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. DEV RAJ SLP(C)No.28817/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. PURAN SINGH SLP(C)No.28818/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. POHLA SINGH SLP(C)No.28819/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGH

CHHABRA IVB A/N-O Vs. DEV RAJ SLP(C)No.28823/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. SUNIL KUMAR contd.....2ITEM NO.13 -2- SLP(C)No.28824/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. NASEEB CHAND SIDHU SLP(C)No.28825/2012 STATE OF PUNJAB & ANR. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. BALBIR SINGH SLP(C)No.28827/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. KULDIP KAUR SLP(C)No.28828/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. VIPIN PAL SLP(C)No.28829/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. TARSEM SINGH MS. NAMITACHOUDHARY SLP(C)No.26386/2012 SEC.PUBLIC HEALTH PUNJAB & MR. JAGJIT SINGHCHHABRA IVB A/N-O ORS. SLP(C)No.26388/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. KULDIP CHAND & ORS. SLP(C)No.26389/2012 STATE OF PUNJAB & ORS. MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. BABU SINGH SIDHU SLP(C)No.26391/2012 STATE OF PUNJAB & ANR MR. JAGJIT SINGHCHHABRA IVB A/N-O Vs. KULDIP SINGH BHATTAL SLP(C)No.28655/2012 STATE OF PUNJAB & ORS. MR. KULDIP SINGH IVB A/N-O Vs. GURDEEP SINGH SODHI & ORS. WITH SLP(C)No.30751/2012 STATE OF PUNJAB & ORS. MR. KULDIP SINGH IVB A/N-O Vs. R.S.GULATIDate: 30/11/2012 This Petition was called on for hearing today.For Petitioner(s) Mr.K.K.Mahalik,adv. Mr. Jagjit Singh Chhabra,Adv. Mr.Kuldip Singh,adv.For Respondent(s) Mr.Yudhister Bhardwaj,adv. Ms. Namita Choudhary,adv. Mr.Harish Pant,adv. Dr.Ashwani Bhardwaj,adv. UPON hearing counsel the Court made the following O R D E R In SLP(C) No.26308/12 Ld.counsel for the petitioner is granted four weeks time as a last chance for remitting the process fee and spare copy.

Contd....3 ITEM NO.13 -3- In all other remaining incomplete matters, await return of notice of the unserved respondents. The served respondents are granted four weeks time for filing counter affidavit. List the matter on 28.01.2013.| | |(Sunil Thomas) || | |Registrar |SB

þITEM NOs.23+44 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 20670/2012(From the judgement and order dated 23/04/2012 in WP No.5793/2012, of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSUBHASH CHANDER Respondent(s)With I.A.1(C/delay in filing SLP and office report)WITH S.L.P.(C)...CC NO. 21066 of 2012With I.A.1(C/delay in filing SLP and office report)S.L.P.(C)...CC NO. 21232 of 2012(With appln.(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 21289 of 2012(With appln.(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 21295 of 2012(With appln.(s) for c/delay in filing SLP and office report)Date: 26/11/2012 These Petitions were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Ms. Arzu Chimni, Adv. Mr. Jagjit Singh Chhabra, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Let the matters be heard along with SLP(C)No.32555 of 2009.|(Sheetal Dhingra) | |(Juginder Kaur) ||COURT MASTER | |Assistant Registrar |

\212ITEM NO.11 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 20013/2012(From the judgement and order dated 16/05/2011 in CWP No.2987/1991of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSRAM DASS Respondent(s)(With appln(s) for c/delay in filing SLP and office report)Date: 19/11/2012 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Ajay Bansal, AAG, Punjab Mr. Kuldip Singh, Adv. Mr. Gaurav Yadav, Adv. Mr. Jagjit Singh Chhabra, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice on the application for condonation of delay, as also on the special leave petition. Let the matter be heard along with S.L.P. (C) No.32555 of 2009.|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |

^ITEM NO.117 COURT NO.13 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 1644/2012STATE OF PUNJAB & ORS. Petitioner(s) VERSUSOM PRAKASH GOYAL Respondent(s)(Office Report on Default)Date: 01/11/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR (In Chambers)For Petitioner(s) Mr. K.K. Mahalik, Adv. Mr. Jagjit Singh Chhabra, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Four weeks' time, as requested by learned counsel for thepetitioner, is granted to comply with the Office Report dated 01.11.2012.|(Jayant Kumar Arora) | |(Sukhbir Paul Kaur) ||Sr.P.A. | |Court Master |

>ITEM NO.104 COURT NO.13 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 14398/2011STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSUMINDER SINGH & ORS. Respondent(s)(Office Report on Default)Date: 01/11/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR (In Chambers)For Petitioner(s) Mr. K. K. Mahalik, Adv. Mr. Kuldip Singh, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Four weeks' time, as requested by learned counsel for thepetitioners, is granted to comply with the Office Report dated 02.03.2012.| (Jayant Kumar Arora) | |(Sukhbir Paul Kaur) ||Sr.P.A. | |Court Master |

¸ITEM NO.23+46 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 18146/2012(From the judgement and order dated 29/03/2012 in CWP No.5899/2012of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSMUKHTIAR SINGH Respondent(s)(With appln(s) for c/delay in filing SLP and office report)WITH S.L.P.(C)...CC NO.18433 of 2012(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO.18552 of 2012(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 18637 of 2012(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 18681 of 2012(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 18844 of 2012(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 18981 of 2012(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 19290 of 2012(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 19292 of 2012(With appln(s) for c/delay in filing SLP and office report)SLP(C) NO. 30246 of 2012(With prayer for interim relief and office report)Date: 15/10/2012 These Petitions were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Rakesh Khanna, AAG (NP) Mr. Jagjit Singh Chhabra,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue Notice. Tag with S.L.P.(C) No.32555 of 2009.

|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |

¼ITEM NO.12 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 14267/2011(From the judgement and order dated 17/05/2010 in CWP No. 17532/2009, ofThe HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSR.S.GULATI Respondent(s)With I.A.1(C/delay in filing SLP and c/delay in refiling SLP and officereport ))Date: 01/10/2012 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Rakesh Khanna, AAG.Punjab. Mr. Kuldip Singh, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice, on the application for condonation of delay, as also on the Special Leave Petition. Let this matter be heard along with SLP(C)No.32555 of 2009.|(Sheetal Dhingra) | |(Juginder Kaur) ||COURT MASTER | |Assistant Registrar |

ÔITEM NO.36 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 22454/2011(From the judgment and order dated 29/03/2011 in CWP No.5568/2011, of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSNAND LAL Respondent(s)(Office report on default)Date: 01/10/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR (IN CHAMBERS)For Petitioner(s) Mr. K.K. Mahalik, Adv. Mr. Kuldip Singh,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Last opportunity is granted to the petitioners to complywith the undertaking dated 22.12.2011 within four weeks.| (SUSHMA BATRA) | |(INDU BALA KAPUR) ||Sr.P.A. | |Court Master |

\210ITEM NOs.13+44 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 15450/2012(From the judgement and order dated 02/02/2012 in CWP No. 16832/2011, ofThe HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSNEELAM KUMARI Respondent(s)With I.A.1(C/delay in filing SLP and office report)WITH S.L.P.(C)...CC NO. 15531 of 2012With I.A.1(C/delay in filing SLP and office report)S.L.P.(C)...CC NO. 15756 of 2012With I.A.1(C/delay in filing SLP and office report)S.L.P.(C)...CC NO. 15906 of 2012With I.A.1(C/delay in filing SLP and office report)S.L.P.(C)...CC NO. 15907 of 2012With I.A.1(C/delay in filing SLP and office report)S.L.P.(C)...CC NO. 16099 of 2012With I.A.1(C/delay in filing SLP and office report)S.L.P.(C)...CC NO. 16132 of 2012(With appln.(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 16184 of 2012S.L.P.(C)...CC NO. 16198 of 2012S.L.P.(C)...CC NO. 16219 of 2012S.L.P.(C)...CC NO. 16301 of 2012S.L.P.(C)...CC NO. 16336 of 2012S.L.P.(C)...CC NO. 16374 of 2012S.L.P.(C)...CC NO. 16422 of 2012[(With application for c/delay in filing SLP and office report)]Date: 14/09/2012 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Ms. Arzu Chimni, Adv. Mr. Jagjit Singh Chhabra, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Let all these matters be heard along with SLP(C)No.32555 of 2009.

|(Sheetal Dhingra) | |(Juginder Kaur) ||COURT MASTER | |Assistant Registrar |

ITEM NO.18 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 14965/2012(From the judgement and order dated 17/05/2010 in CWP No. 11914/2009, ofThe HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSGURDEEP SINGH SODHI & ORS. Respondent(s)With I.A.1(C/delay in filing SLP and c/delay in refiling SLP and officereport ))Date: 10/09/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Anil Grover, AAG. Ms. Noopur Singhal, Adv. Mr. Kuldip Singh,AOR.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Tag with SLP(C)No.32555 of 2009.|(Sheetal Dhingra) | |(Juginder Kaur) ||COURT MASTER | |Assistant Registrar |

L ITEM NO. 25 COURT NO.3 SECTION IVB 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)....../2010 CC 15916/2010 (From the judgement and order dated 17/05/2010 in CWP No.16591/2009, of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH) STATE OF PUNJAB & ORS. Petitioner(s) VERSUS MANMOHAN LAL Respondent(s) (Office report on default) Date: 04/09/2012 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR (IN CHAMBERS) For Petitioner(s) Mr. K.K. Mahalik, Adv. Mr. Jagjit Singh Chhabra, Adv.-on-Record For Respondent(s) UPON hearing counsel the Court made the following O R D E R Learned counsel for the petitioners seeks further adjournment so as to enable him to file additional documents in terms of the letter addressed to the Registry of this Court on 20th September, 2010. Prayer is allowed. The needful be done within four weeks from today, subject to payment of Rs.2,000/- as costs. The costs shall be deposited with the Supreme Court Legal Services Committee. | [ Charanjeet Kaur ] | | [ Kusum Gulati ] ||Court Master | |Court Master |

üITEM NO.35 COURT NO.5 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 (CC 14267/2011)(From the judgement and order dated 17/05/2010 in CWP No.17532/2009 of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSR.S.GULATI Respondent(s)(With office report on default)Date: 31/08/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE G.S. SINGHVI (IN CHAMBERS)For Petitioner(s) Mr.K.K.Mahalik, Adv. Mr. Kuldip Singh, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Perused office report dated 28.2.2012. The petitioners are directed to do the needful within fourweeks from today, failing which the special leave petition shall standdismissed without further reference to the Court. (Satish K.Yadav) (Phoolan Wati Arora) Court Master Court Master

fITEM NOs.18+43 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 14076/2012(From the judgement and order dated 13/03/2012 in CWP No.4539/2012, of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ANR Petitioner(s) VERSUSPUNJAB SINGH & ORS. Respondent(s)With I.A.1(C/delay in filing SLP and office report)WITHS.L.P.(C)...CC NO. 14196 of 2012With I.A.1(C/delay in filing SLP and office report)S.L.P.(C)...CC NO. 14747 of 2012(With appln.(s) for c/delay in filing SLP and office report)Date: 27/08/2012 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Rakesh Khanna, AAG.Punjab. Mr. Udit Kumar, Adv. Mr. Jagjit Singh Chhabra,AOR.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Tag with SLP(C)No.32555 of 2009.|(Sheetal Dhingra) | |(Juginder Kaur) ||COURT MASTER | |Assistant Registrar |

àITEM NOs.19+37 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 13358/2012(From the judgement and order dated 23/01/2012 in WP No.5482/2006, of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)SEC.PUBLIC HEALTH PUNJAB & ORS. Petitioner(s) VERSUSRAGHBIR SINGH Respondent(s)With I.A.1(C/delay in filing SLP and office report)WITH S.L.P.(C)...CC NO. 13676 of 2012With I.A.1(C/delay in filing SLP and office report)S.L.P.(C)...CC NO. 13679 of 2012(With appln.(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 13753 of 2012(With appln.(s) for c/delay in filing SLP and office report)Date: 13/08/2012 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Rakesh Khanna, AAG, Punjab. Mr. Udit Kumar Chaturvedi, Adv. Mr. Jagjit Singh Chhabra,AOR.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Let the matters be heard along with SLP(C)No.32555 of 2009. In the meantime, there will be stay of recovery.|(Sheetal Dhingra) | |(Juginder Kaur) ||COURT MASTER | |Assistant Registrar |

öITEM NOs.23+47 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 12769/2012(From the judgement and order dated 28/09/2011 in WP No.18303/2011, of TheHIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSASHOK KUMAR Respondent(s)With I.A.1(C/delay in filing SLP and office report)WITH S.L.P.(C)...CC NO. 13044 of 2012With I.A.1(C/delay in filing SLP and office report)S.L.P.(C)...CC NO. 13114 of 2012With I.A.1(C/delay in filing SLP and office report)S.L.P.(C)...CC NO. 13300 of 2012(With appln.(s) for c/delay in filing SLP and office report)Date: 03/08/2012 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Rakesh Khanna, Adv. Ms. Arzu Chimni, Adv. Mr. Jagjit Singh Chhabra,AOR.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter, [SLP(C)No.24607 of 2010] is heard. |(Sheetal Dhingra) | |(Juginder Kaur) ||COURT MASTER | |Assistant Registrar |

D 1ITEM NO.14 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 10109/2012(From the judgement and order dated 25/08/2011 in CWP No.15596/2011, of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ANR. Petitioner(s) VERSUSSUKHDEV SINGH Respondent(s)With I.A.1(C/delay in filing SLP and office report ))Date: 05/07/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Ms. Arzu Chimni, Adv. Mr. Jagjit Singh Chhabra,AOR.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter, [SLP(C)No.24607 of 2010] is heard. (Sheetal Dhingra) (Juginder Kaur) COURT MASTER Assistant Registrar2

RITEM NO.7 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2010 CC 20144/2010(From the judgement and order dated 29/04/2010 in CWP No.823/2009of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSLABH SINGH Respondent(s)(With appln(s) for c/delay in filing SLP and office report)Date: 02/07/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Rakesh Khanna, Adv., AAG Ms. Arzu Chimni, Adv. Mr. Jagjit Singh Chhabra, Adv. Mr. Kuldip Singh, AORFor Respondent(s) Mr. Akash Tyagi, Adv. Ms. Neha Jain, Adv. Mr. Dattatray vyas, Adv. Mr. Vineet Bhagat, AOR UPON hearing counsel the Court made the following O R D E R List after the main matter [S.L.P. (C) No.24607/2010] is heard.|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |

\234ITEM NOs.17+34 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 6093/2012(From the judgement and order dated 01/03/2011 in CWP No.16350/2010, of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSCHARANJIT KAUR Respondent(s)WITH S.L.P.(C)...CC NO. 6483 of 2012S.L.P.(C)...CC NO. 6604 of 2012S.L.P.(C)...CC NO. 6659 of 2012S.L.P.(C)...CC NO. 6800 of 2012S.L.P.(C)No.6829/2012[With I.A.1(C/delay in filing SLP and office report)]S.L.P.(C)...CC NO. 6632-6633 of 2012With I.A.1-2(C/delay in filing SLP and c/delay in refiling SLPand office report)Date: 13/04/2012 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Rakesh Khanna, AAG.Punjab Mr. Udit Kumar, Adv. Mr. Jagjit Singh Chhabra,AOR. Mr. Kuldip Singh, AOR.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter, [SLP(C)No.24607 of 2010] is heard.(Sheetal Dhingra) (Juginder Kaur) COURT MASTER Assistant Registrar

\ITEM NO.17 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 5178/2012(From the judgement and order dated 17/01/2011 in CWP No.16277/2010, of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSRAFIQ MASIH (WHITE WASHER) Respondent(s)WITH S.L.P.(C)...CC NO. 5230 of 2012S.L.P.(C)...CC NO. 5296 of 2012S.L.P.(C)...CC NO. 5316 of 2012S.L.P.(C)...CC NO. 5322 of 2012S.L.P.(C)...CC NO. 5325 of 2012S.L.P.(C)...CC NO. 5332 of 2012S.L.P.(C)...CC NO. 5337 of 2012S.L.P.(C)...CC NO. 5372 of 2012S.L.P.(C)...CC NO. 5392 of 2012S.L.P.(C)...CC NO. 5452 of 2012S.L.P.(C)...CC NO. 5493 of 2012S.L.P.(C)...CC NO. 5521 of 2012S.L.P.(C)...CC NO. 5609 of 2012S.L.P.(C)...CC NO. 5633 of 2012[With I.A.1(C/delay in filing SLP and office report)]Date: 30/03/2012 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Rakesh Khanna, AAG.Punjab. Mr. Jagjit Singh Chhabra,AOR.For Respondent(s) -2- UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Tag with SLP(C)No.32555 of 2009.(Sheetal Dhingra) (Juginder Kaur) COURT MASTER Assistant Registrar

öITEM NO.16 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 2798/2012(From the judgement and order dated 31/03/2010 in CWP No.11289/2009of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSTARLOCHAN SINGH BEDI Respondent(s)(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)WITH S.L.P.(C)...CC NO.2818 of 2012(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.2821 of 2012(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.2832 of 2012(With appln(s) for c/delay in filing SLP, c/delay in refiling SLP)S.L.P.(C) NO.4822 of 2012(With appln.(s) for permission to urge new facts and file additionaldocuments and prayer for interim relief and office report)Date: 17/02/2012 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. R.S. Khosla, Sr. AAG Punjab (NP) Ms. Shilpa Sood, Sr. Dy. AG Punjab Mr. Kuldip Singh,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter [S.L.P. (C) No.24607/2010] is heard.(Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar

¸ITEM NO.26 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 2713/2012(From the judgement and order dated 30/03/2011 in CWP No.4829/2006of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSNEENA SINGLA Respondent(s)(With appln(s) for c/delay in filing SLP and office report)Date: 13/02/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Ashok Aggarwal, AG Punjab (NP) Ms. Shilpa Sood, Sr. Dy. AG Punjab Mr. Kuldip Singh, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. List after the main matter [S.L.P. (C) No.24607/2010] is heard. (Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar

ITEM NO.24 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 1869/2012(From the judgement and order dated 28/05/2009 in CWP No.8060/2009,of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSJASBIR KAUR & ANR. Respondent(s)With I.A.1(C/delay in filing SLP and c/delay in refiling SLP andoffice report ))Date: 06/02/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Jagjit Singh Chhabra, Adv. Mr. Kuldip Singh,AOR.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter, [SLP(C)No.24607 of 2010] is heard.(Sheetal Dhingra) (Renuka Sadana) COURT MASTER COURT MASTER

\216ITEM NO.23 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 1864/2012(From the judgement and order dated 11/10/2010 in CWP No.3342/2005,of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB AND ANR Petitioner(s) VERSUSNIHAL SINGH AND ORS Respondent(s)WITH S.L.P.(C)...CC NO. 1928 of 2012 S.L.P.(C)...CC NO. 1935 of 2012With I.A.1(C/delay in filing SLP and c/delay in refiling SLP andoffice report ))Date: 06/02/2012 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Ms. Shilpa Sood, Sr.Dy.A.G.Punjab. Mr. Kuldip Singh,AOR. Mr. R.K. Pandey, Adv. Mr. H.S. Sandhu, Adv. Mr. Mohit Mudgil, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List the matters after the main matter, i.e. SLP(C)No.24607 of 2010, is heard.(Sheetal Dhingra) (Renuka Sadana) COURT MASTER COURT MASTER

ITEM NO.24 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 1869/2012(From the judgement and order dated 28/05/2009 in CWP No.8060/2009,of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSJASBIR KAUR & ANR. Respondent(s)With I.A.1(C/delay in filing SLP and c/delay in refiling SLP andoffice report ))Date: 06/02/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Jagjit Singh Chhabra, Adv. Mr. Kuldip Singh,AOR.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter, [SLP(C)No.24607 of 2010] is heard.(Sheetal Dhingra) (Renuka Sadana) COURT MASTER COURT MASTER

\216ITEM NO.23 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 1864/2012(From the judgement and order dated 11/10/2010 in CWP No.3342/2005,of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB AND ANR Petitioner(s) VERSUSNIHAL SINGH AND ORS Respondent(s)WITH S.L.P.(C)...CC NO. 1928 of 2012 S.L.P.(C)...CC NO. 1935 of 2012With I.A.1(C/delay in filing SLP and c/delay in refiling SLP andoffice report ))Date: 06/02/2012 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Ms. Shilpa Sood, Sr.Dy.A.G.Punjab. Mr. Kuldip Singh,AOR. Mr. R.K. Pandey, Adv. Mr. H.S. Sandhu, Adv. Mr. Mohit Mudgil, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List the matters after the main matter, i.e. SLP(C)No.24607 of 2010, is heard.(Sheetal Dhingra) (Renuka Sadana) COURT MASTER COURT MASTER

XITEM NO.19 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 1637/2012(From the judgement and order dated 13/12/2010 in CWP No.22121/2010of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSNAZAR SINGH Respondent(s)(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)WITH S.L.P.(C)...CC NO. 2209 of 2012(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)Date: 03/02/2012 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Kuldip Singh, AOR Mr. R.K. Pandey, Adv. Mr. H.S. Sandhu, Adv. Mr. Mohit Mudgil, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter [S.L.P. (C) No.24607/2010] is heard. (Chetan Kumar) (Renuka Sadana) Court Master Court Master

zITEM NO.28+46 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 887/2012(From the judgement and order dated 26/04/2011 in CWP No.15093/2007,of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSTARSEM CHAND Respondent(s)(With appln(s) for c/delay in filing SLP and office report)WITH S.L.P.(C)...CC NO.1147 of 2012(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 1166 of 2012(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 1168 of 2012(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 1188 of 2012(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 1200 of 2012(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 1291 of 2012(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 1303 of 2012(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 1306 of 2012(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 1391 of 2012(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 1596 of 2012(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 1653 of 2012(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 1657 of 2012(With appln(s) for c/delay in filing SLP and office report)Date: 23/01/2012 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Ashok Aggarwal, AG Punjab Mr. Rakesh Khanna, AAG Punjab Mr. Jagjit Singh Chhabra, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter [S.L.P. (C) No.24607/2010] is heard.

(Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar

¸ITEM NO.11+45 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).35876/2011(From the judgement and order dated 11/10/2010 in CWP No.13208/2005of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSPARUPKARI LAL & ORS. Respondent(s)(With office report)WITH S.L.P. (C) No...../2012 CC 1739(With appln.(s) for c/delay in filing SLP and c/delay in refilingSLP and office report)Date: 23/01/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Ashok Aggarwal, AG Punjab Mr. Rakesh Khanna, AAG Punjab Mr. Kuldip Singh, Adv. Mr. R.K. Pandey, Adv. Mr. H.S. Sandhu, Adv. Mr. Mohit Mudgil, Adv. Ms. Kavita Wadia, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter [S.L.P. (C) No.24607/2010] is heard.(Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar

èITEM NO.14 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 15876/2011(From the judgement and order dated 30/07/2010 in CWP No.13377/2010of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB AND ORS Petitioner(s) VERSUSSOHAN LAL AND ANR Respondent(s)(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)Date: 13/01/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Ms. Kavita Wadia, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter [S.L.P. (C) No.24607/2010] is heard. (Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar

ìITEM NO.15 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 21915/2011(From the judgement and order dated 02/03/2010 in CWPNo.15948/2009, of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSJASWANT KAUR Respondent(s)WITH S.L.P.(C)...CC NO. 133 of 2012S.L.P.(C)...CC NO. 178 of 2012S.L.P.(C)...CC NO. 22255 of 2011S.L.P.(C)...CC NO. 22256 of 2011S.L.P.(C)...CC NO. 22257 of 2011S.L.P.(C)...CC NO. 434 of 2012[With I.A.1(C/delay in filing SLP and c/delay in refiling SLP andoffice report )]Date: 09/01/2012 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Ashok Aggarwal, A.G.Punjab. Mr. Rakesh Khanna, AAG.Pb. Mr. Kuldip Singh, Adv.-on-Record.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List these matters after the main matter i.e.SLP(C)No.24607 of 2010, is heard.(Sheetal Dhingra) (Juginder Kaur) COURT MASTER Assistant Registrar

ITEM NO.20 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).33651/2011(From the judgement and order dated 30/09/2010 in CWP No.17711/2010of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB AND ORS Petitioner(s) VERSUSHARBANS KAUR Respondent(s)(With office report)Date: 02/01/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Jagjit Singh Chhabra, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter [S.L.P. (C) No.24607/2010] is heard. (Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar

äITEM NO.5 COURT NO.10 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A. No. 1/2011 inPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 20601/2011(From the judgement and order dated 11/10/2010 in CWP No.13208/2005of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSPARUPKARI LAL & ORS. Respondent(s)(With appln(s) for c/delay in refiling SLP and office report ))Date: 13/12/2011 This IA in the Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA (IN CHAMBERS)For Petitioner(s) Mr. K.K. Mahalik, Adv. Ms. Kavita Wadia,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay in refiling special leave petition is condoned. Interlocutory Application No. 1 of 2011 stands disposed of accordingly. (Rajesh Dham) (Renu Diwan) Court Master Court Master

ITEM NO.15 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 20291/2011(From the judgement and order dated 01/07/2010 in CWP No.11371/2010,of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSCHARANJIT SINGH Respondent(s)WITH S.L.P.(C)...CC NO. 20454 of 2011[With I.A.1(C/delay in filing SLP and c/delay in refiling SLP andoffice report ))S.L.P.(C)...CC NO. 20794 of 2011S.L.P.(C)...CC NO. 20891 of 2011[With I.A.1(C/delay in filing SLP AND office report)]Date: 12/12/2011 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Rakesh Khanna, AAG.Punjab Ms. Jagjit Singh Chhabra, Adv.-on-Record. Mr. Kuldip Singh, Adv.-on-Record.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter, i.e. SLP(C)No.24607 of 2010, is heard.(Sheetal Dhingra) (Juginder Kaur) COURT MASTER Assistant Registrar

ÞSLP CC 17192/2011 1ITEM NO.34 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 17192/2011(From the judgement and order dated 02/08/2010 in CWP No.13450/2010of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSKARAMJIT KAUR Respondent(s)(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)WITH S.L.P.(C)...CC NO.17193 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 17201 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 17204 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 17388 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 17507 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 17508 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 17534 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 17709 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 17711 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 17735 of 2011SLP CC 17192/2011 2(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 17798 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 17835 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 17846 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 17888 of 2011

(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)Date: 05/12/2011 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Ashok Aggarwal, Adv. Mr. Rakesh Khanna, Adv. Mr. Jagjit Singh Chhabra,For Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter [S.L.P. (C) No.24607/2010] is heard. (Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar

PITEM NO.30 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2010 CC 14663/2010(From the judgement and order dated 27/04/2010 in CWP No.16398/2009,of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSAVINASH KUMARI Respondent(s)(With appln(s) for c/delay in filing SLP and office report ))Date: 02/12/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Ashok Aggarwal, Adv. Mr. Rakesh Khanna, Adv. Mr. Ajay Pal, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter [S.L.P. (C) No.24607/2010] is heard. (Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar

ITEM NOs.16+46 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 19116/2011(From the judgement and order dated 02/03/2010 in CWP No.15766/2009,of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSPATWINDER SINGH Respondent(s)WITHS.L.P.(C)...CC NO. 19527 of 2011S.L.P.(C)...CC NO. 19552 of 2011S.L.P.(C)...CC NO. 19556 of 2011S.L.P.(C)...CC NO. 19590 of 2011S.L.P.(C)...CC NO. 19594 of 2011S.L.P.(C)...CC NO. 19601 of 2011S.L.P.(C)...CC NO. 19727 of 2011S.L.P.(C)...CC NO. 19837 of 2011S.L.P.(C)...CC NO. 19864 of 2011[With I.A.1(C/delay in filing SLP and c/delay in refiling SLP andoffice report ))WITH S.L.P.(C)...CC NO. 19236 of 2011S.L.P.(C)...CC NO. 19580 of 2011S.L.P.(C)...CC NO. 19597 of 2011S.L.P.(C)...CC NO. 19599 of 2011S.L.P.(C)...CC NO. 19663 of 2011[With I.A.1(C/delay in filing SLP and office report)]S.L.P.(C)...CC NO. 20022 of 2011S.L.P.(C)...CC NO. 20024 of 2011S.L.P.(C)...CC NO. 20048 of 2011[With Appln.(s) for C/delay in filing SLP and c/delay in refiling SLPand office report)]Date: 28/11/2011 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Ashok Agarwal, Sr.Adv.(AG.Pb.) Mr. Rakesh Khanna, Adv. (AAG.Pb.) Mr. Jagjit Singh Chhabra, Adv.-on-Record.In SLP..CC. Ms. Kavita Wadia, Adv.-on-Record.19597/11 -2- SLP(C)...CC.19116/11,etc. Mr. Kuldip Singh, Adv.-on-Record.For Respondent(s)

UPON hearing counsel the Court made the following O R D E R List these matters, after the disposal of the main matter, i.e.SLP(C)No.24607 of 2010. (Sheetal Dhingra) (Juginder Kaur) COURT MASTER Assistant Registrar

4ITEM NO.10 COURT NO.11 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A. No. 1 inPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 19658/2011(From the judgement and order dated 30/09/2010 in CWP No.17711/2010,of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB AND ORS Petitioner(s) VERSUSHARBANS KAUR Respondent(s)(With appln(s) for c/delay in refiling SLP and office report)Date: 28/11/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE H.L. DATTU (In chambers)For Petitioner(s) Ms. Kavita Wadia,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. (NAVEEN KUMAR) (VEENA KHERA) COURT MASTER COURT MASTER

\204ITEM NO.22 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).30473/2011[Against the final impugned judgment and order dated16/12/2010 in CWP NO.22453 of 2010 passed by the High Court ofPunjab & Haryana at Chandigarh]STATE OF PUNJAB & ANR. Petitioner(s) VERSUSNEM CHAND & ORS. Respondent(s)(With office report )Date: 25/11/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Ashok Aggarwal,A.G.Pb. Mr. Rupinder Khosla, Sr.AAG.Pb. Mr. Jagjit Singh Chhabra, Adv. Ms. Kavita Wadia, Adv.-on-Record.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List this matter, after the main matter is heard. (Sheetal Dhingra) (Juginder Kaur) COURT MASTER Assistant Registrar

rITEM NO.23 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 16190/2011(From the judgement and order dated 27/09/2010 in CWP No.17473/2010of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSRAGHUWANT SINGH Respondent(s)(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)WITH S.L.P.(C)...CC NO.16303 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16309 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16325 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16326 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 16327 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16350 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16548 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16580 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16582 of 2011(With office report)S.L.P.(C)...CC NO.16594 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16723 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16850 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16904 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)Date: 21/11/2011 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR

For Petitioner(s) Mr. Ashok Aggarwal, Sr. Adv. Mr. Kuldip Singh, Adv. Mr. R.K. Pandey, Adv. Mr. H.S. Sandhu, Adv. Mr. Mohit Mudgil, Adv. Mr. Jagjit Singh Chhabra, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter [S.L.P. (C) No.24607/2010] is heard. (Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar

PITEM NO.16 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 18784/2011(From the judgement and order dated 24/05/2010 in CWP No.10345/2006of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSMEWA SINGH BHATTAL & ORS. Respondent(s)(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)Date: 21/11/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Ashok Aggarwal, Sr. Adv. Mr. Kuldip Singh, Adv. Mr. R.K. Pandey, Adv. Mr. H.S. Sandhu, Adv. Mr. Mohit Mudgil, Adv. Mr. Jagjit Singh Chhabra, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter [S.L.P. (C) No.24607/2010] is heard.(Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar

æITEM NO.17 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 18630/2011(From the judgement and order dated 28/04/2010 in CWP No. 17524/2009of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSDILJEET SINGH Respondent(s)With I.A.1(C/delay in filing SLP and c/delay in refiling SLP andoffice report ))Date: 18/11/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Jagjit Singh Chhabra, Adv.-on-Record. Mr. Jaswant Persoya, Adv. Mr. Jayash Gaurav, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List after the main matter (SLP(C)No.24607 of 2010) is heard. Let the main matter be listed for hearing, as directed earlier, on a priority basis on 11th January, 2012.(Sheetal Dhingra) (Juginder Kaur) COURT MASTER Assistant Registrar

\212ITEM NO.20 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 18227/2011(From the judgement and order dated 04/02/2010 in CWP No. 13335/2004of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSKARNAIL SINGH & ORS. Respondent(s)With I.A.1(C/delay in filing SLP and c/delay in refiling SLP andoffice report ))Date: 14/11/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Rakesh Khanna, AAG.Punjab. Ms. Kavita Wadia, Adv.-on-Record.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List this matter after the main similar matter(s) is taken up for hearing. (Sheetal Dhingra) (Juginder Kaur) COURT MASTER Assistant Registrar

^ 1SLP(C)No.18261+20ITEM NOs.23+48 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 18261/2011(From the judgement and order dated 31/08/2010 in CWP No. 15539/2010of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSRAM NATH & ORS. Respondent(s)WithS.L.P.(C)...CC NO. 18286 of 2011S.L.P.(C)...CC NO. 18310 of 2011S.L.P.(C)...CC NO. 18337 of 2011S.L.P.(C)...CC NO. 18423 of 2011S.L.P.(C)...CC NO. 18524 of 2011S.L.P.(C)...CC NO. 18527 of 2011S.L.P.(C)...CC NO. 18535 of 2011S.L.P.(C)...CC NO. 18536 of 2011S.L.P.(C)...CC NO. 18628 of 2011S.L.P.(C)...CC NO. 18767 of 2011S.L.P.(C)...CC NO. 18769 of 2011S.L.P.(C)...CC NO. 18796 of 2011S.L.P.(C)...CC NO. 18802 of 2011S.L.P.(C)...CC NO. 18805 of 2011S.L.P.(C)...CC NO. 18834 of 2011S.L.P.(C)...CC NO. 18857 of 2011S.L.P.(C)...CC NO. 18960 of 2011(I.A.1(C/delay in filing SLP and c/delay in refiling SLP andoffice report ))S.L.P.(C)...CC NO. 18312 of 2011S.L.P.(C)...CC NO. 18525 of 2011S.L.P.(C)...CC NO. 18526 of 2011[With I.A.1(C/delay in filing SLP and office report)] Contd..2/- 2SLP(C)No.18261+20Date: 14/11/2011 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Ashok Aggarwal, AG.Pb. Mr. Jagjit Singh Chhabra, Adv.-on-Record.

Mr. Jaswasnt Persoya, Adv. Mr. Jayash Gaurav, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Let these matters be listed after the main similar matters are heard. (Sheetal Dhingra) (Juginder Kaur) COURT MASTER Assistant Registrar

ITEM NO.4 Court No.7 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A. No. 1 in Petition(s) for Special Leave to Appeal(Civil)....../2011 CC 17431/2011(From the judgement and order(s) in 16/12/2010 in CWPNo.22453/2010 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ANR. Petitioner(s) VERSUSNEM CHAND & ORS. Respondent(s)(With appln(s) for c/delay in refiling SLP and office report ))Date: 31/10/2011 This Petition was called on for hearing today.CORAM : HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI (IN CHAMBERS)For Petitioner(s) Ms. Kavita Wadia,Adv. (NP)For Respondent(s) UPON hearing counsel the Court made the following O R D E R For the reasons stated in the application, delay is condoned. (Shashi Sareen) (Renuka Sadana) Court Master Court Master

âITEM NO.18 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 17192/2011(From the judgement and order(s) in 02/08/2010 in CWP No.13450/2010 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSKARAMJIT KAUR Respondent(s)WITH S.L.P.(C)...CC NO. 17193 of 2011S.L.P.(C)...CC NO. 17201 of 2011S.L.P.(C)...CC NO. 17204 of 2011S.L.P.(C)...CC NO. 17388 of 2011S.L.P.(C)...CC NO. 17507 of 2011S.L.P.(C)...CC NO. 17508 of 2011S.L.P.(C)...CC NO. 17534 of 2011S.L.P.(C)...CC NO. 17709 of 2011S.L.P.(C)...CC NO. 17711 of 2011S.L.P.(C)...CC NO. 17735 of 2011S.L.P.(C)...CC NO. 17798 of 2011S.L.P.(C)...CC NO. 17835 of 2011S.L.P.(C)...CC NO. 17846 of 2011S.L.P.(C)...CC NO. 17888 of 2011With I.A.1(C/delay in filing SLP and c/delay in refiling SLP andoffice report ))Date: 31/10/2011 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Ms. Kavita Wadia, Adv.-on-Record.For Respondent(s) Mr. Ashok Aggarwal, A.G.St.of Pb. Mr. Rupinder Khosla, Sr. AAG.Pb. Mr. Jagjit Singh Chhabra, Adv. -2- UPON hearing counsel the Court made the following O R D E R Let these matters stand adjourned for aperiod of four weeks for the present.(Sheetal Dhingra) (Juginder Kaur) COURT MASTER Assistant Registrar

âITEM NO.18 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 17192/2011(From the judgement and order(s) in 02/08/2010 in CWP No.13450/2010 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSKARAMJIT KAUR Respondent(s)WITH S.L.P.(C)...CC NO. 17193 of 2011S.L.P.(C)...CC NO. 17201 of 2011S.L.P.(C)...CC NO. 17204 of 2011S.L.P.(C)...CC NO. 17388 of 2011S.L.P.(C)...CC NO. 17507 of 2011S.L.P.(C)...CC NO. 17508 of 2011S.L.P.(C)...CC NO. 17534 of 2011S.L.P.(C)...CC NO. 17709 of 2011S.L.P.(C)...CC NO. 17711 of 2011S.L.P.(C)...CC NO. 17735 of 2011S.L.P.(C)...CC NO. 17798 of 2011S.L.P.(C)...CC NO. 17835 of 2011S.L.P.(C)...CC NO. 17846 of 2011S.L.P.(C)...CC NO. 17888 of 2011With I.A.1(C/delay in filing SLP and c/delay in refiling SLP andoffice report ))Date: 31/10/2011 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Ms. Kavita Wadia, Adv.-on-Record.For Respondent(s) Mr. Ashok Aggarwal, A.G.St.of Pb. Mr. Rupinder Khosla, Sr. AAG.Pb. Mr. Jagjit Singh Chhabra, Adv. -2- UPON hearing counsel the Court made the following O R D E R Let these matters stand adjourned for aperiod of four weeks for the present.(Sheetal Dhingra) (Juginder Kaur) COURT MASTER Assistant Registrar

(SLP CC 16190/11 1ITEM NO.17+50 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 16190/2011(From the judgement and order dated 27/09/2010 in CWP No.17473/201of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSRAGHUWANT SINGH Respondent(s)(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)WITH S.L.P.(C)...CC NO.16303 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16309 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16325 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16326 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16327 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16350 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16548 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16580 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16582 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)SLP CC 16190/11 2S.L.P.(C)...CC NO.16594 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16723 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16850 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO.16904 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)

Date: 10/10/2011 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE H.L. GOKHALE HON'BLE MR. JUSTICE DIPAK MISRAFor Petitioner(s) Ms. Kavita Wadia,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R On the prayer made by Ms. Kavita Wadia, learned counsel appearing for the petitioners, let all these matters stand over till after the Diwali vacation. (Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar

˜ITEM NO.24 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2010 CC 14663/2010(From the judgement and order dated 27/04/2010 in CWP No. 16398/2009of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSAVINASH KUMARI Respondent(s)With I.A.1(C/delay in filing SLP and office report ))Date: 27/09/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE A.K. PATNAIKFor Petitioner(s) Mr. Ajay Pal,Adv. Mr. Prashant Shukla, Adv. Mr. Abhinav Rakrishna, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Having regard to the letter circulated, let the matter be adjourned, as prayed for. (Sheetal Dhingra) (Juginder Kaur) Court Master Court Master

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