1 ITEM NO.12 COURT NO.6 SECTION XI-A 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). 6370/2021 (Arising out of impugned final judgment and order dated 26-03-2021 in WA No. 285/2021 passed by the High Court Of Kerala At Ernakulam) B. MOHAMMED JAMAL Petitioner(s) VERSUS THE STATE OF KERALA & ORS. Respondent(s) IA NO.32574/2022, 32577 & 32578/2022- APPLICATIONS FOR INTERVENTION, DIRECTION AND EXEMPTION FROM FILING OFFICIAL TRANSLATION Date : 08-03-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Gaurav Agrawal, Adv. Mr. Babu Karugapadath, Adv. Ms. Anu K. Joy, Adv. Mr. Alim Anvar, Adv. Mr. Tom Joseph, AOR For Respondent(s) Mr. Jaideep Gupta, Sr. Adv. Mr. C. K. Sasi, AOR Mr. Abdullah Naseeh V.T., Adv. Ms. Meena K.P., Adv. Mr. P. V. Dinesh, AOR Mr. Ashwini Kumar Singh, Adv. Mr. Bineesh K., Adv. Mr. Harshad V. Hameed, AOR Mr. Dileep Poolakkot, Adv. Mrs. Ashly Harshad, Adv. UPON hearing the counsel the Court made the following O R D E R On hearing learned counsel for parties we cannot agree with the learned counsel for the petitioner that his tenure of service could not be abridged. That being
2 the position, on that short ground alone the impugned order cannot be interfered. We may however, note that there are some observations in para 22 of the impugned order with which we are not in agreement. We thus, direct that the petitioner will be able to hold the office till 31 st of this month and will be entitled to all the benefits of pay and retirement with continuity of service right till 31 st March, 2022. In the unforeseen eventuality of the respondent still not appointing a replacement, the petitioner would be entitled to work beyond 31 st March, 2022 till alternative arrangement is made. The Special Leave Petition accordingly stands disposed of. Application for intervention is dismissed. Pending applications stand disposed of. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
ITEM NO.14 Court 6 (Video Conferencing) SECTION XI-A 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.6370/2021 (Arising out of impugned final judgment and order dated 26-03-2021 in WA No. 285/2021 passed by the High Court of Kerala at Ernakulam) B. MOHAMMED JAMAL Petitioner(s) VERSUS THE STATE OF KERALA & ORS. Respondent(s) Date : 11-01-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Tom Joseph, AOR For Respondent(s) Mr. Jaideep Gupta, Sr. Adv. Mr. C. K. Sasi, AOR Mr. Abdullah Naseeh, Adv. Ms. Meena K.P., Adv. Mr. P. V. Dinesh, AOR Mr. Ashwini Kumar Singh, Adv. Mr. Bineesh K., Adv. Mr. Harshad V. Hameed, AOR Mr. Dileep Poolakkot, Adv. Mrs. Ashly Harshad, Adv. UPON hearing the counsel the Court made the following O R D E R Once again the Order dated 17.11.2021 has not been placed with the order-sheets. The Registry to take corrective action . A request for adjournment is made on behalf of learned counsel for the petitioner who is indisposed. List on 08 th March, 2022. (RASHMI DHYANI) (RAM SUBHAG SINGH) COURT MASTER BRANCH OFFICER
ITEM NO.14 COURT NO.6 SECTION XI-A 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.6370/2021 (Arising out of impugned final judgment and order dated 26-03-2021 in WA No.285/2021 passed by the High Court of Kerala at Ernakulam) B. MOHAMMED JAMAL Petitioner(s) VERSUS THE STATE OF KERALA & ORS. Respondent(s) (IA No. 56569/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 17-11-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Gaurav Agarwal, Adv. Mr. Babu Karukapadath, Adv. Mr. Alim Anvar, Adv. Mr. Tom Joseph, AOR For Respondent(s) Mr. Jaideep Gupta, Sr. Adv. Mr. C. K. Sasi, AOR Mr. Abdulla Naseeh V. T., Adv. Ms. Meena K. P., Adv. Mr. P. V. Dinesh, AOR Mr. Harshad V. Hameed, AOR UPON hearing the counsel the Court made the following O R D E R Application seeking permission to file additional documents/facts/annexures is allowed. Learned senior counsel for the respondent-State submits that the via media proposed for a settlement is not acceptable and thus the matter has to be heard. Learned 1
senior counsel for the respondent is in some difficulty today at the relevant time when the matter would reach. List on the first non-miscellaneous Tuesday in the Month of January, 2022. (RASHMI DHYANI) (POONAM VAID) COURT MASTER COURT MASTER 2
ITEM NO.10 COURT NO.6 SECTION XI-A 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.6370/2021 (Arising out of impugned final judgment and order dated 26-03-2021 in WA No. 285/2021 passed by the High Court of Kerala at Ernakulam) B. MOHAMMED JAMAL Petitioner(s) VERSUS THE STATE OF KERALA & ORS. Respondent(s) (IA No. 56569/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 09-11-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Gaurav Agrawal, Adv. Mr. Babu Karukapadath, Adv. Mr. Alim Anvar, Adv. Mr. Tom Joseph, AOR For Respondent(s) Mr. Jaideep Gupta, Sr. Adv. Mr. C. K. Sasi, AOR Mr. Abdulla Naseeh, Adv. Ms. Meena K.P., Adv. Mr. P. V. Dinesh, AOR Mr. Ashwini Kumar Singh, Adv. Mr. Bineesh K., Adv. Mr. Harshad V. Hameed, AOR Mr. Dileep Poolakkot, Adv. Mrs. Ashly Harshad, Adv. UPON hearing the counsel the Court made the following O R D E R In the course of hearing the possibility of a mutually acceptable settlement was explored. We put to the learned counsels that a via media could be that the 1
petitioner demits office at the end of this month and can be paid up to date salary for the said period along with one year salary which would accrue to him if he continues to work. In the bargain, the respondents who would not like the petitioner to continue to work would also get rid of his services. Learned counsel for the Wakf Board seeks a short accommodation to obtain instructions. Dasti, in addition, to learned counsel for the Wakf Board. List on 17 th November, 2021. (RASHMI DHYANI) (POONAM VAID) COURT MASTER COURT MASTER 2
1 ITEM NO.33 Court 6 (Video Conferencing) SECTION XI-A 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). 6370/2021 (Arising out of impugned final judgment and order dated 26-03-2021 in WA No. 285/2021 passed by the High Court Of Kerala At Ernakulam) B. MOHAMMED JAMAL Petitioner(s) VERSUS THE STATE OF KERALA & ORS. Respondent(s) (FOR ADMISSION and I.R. ) IA NO.68900/2021- APPLICATION FOR VACATING STAY Date : 03-09-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Gaurav Agarwal, Adv. Mr. Babu Karukappadath, Adv. Mr. Tom Joseph, AOR Mr. Alim Anvar, Adv. For Respondent(s) Mr. Jaideep Gupta, Sr. Adv. Ms. Meena K.P., Adv. Ms. Anindita Mitra, Adv. Mr. C. K. Sasi, AOR Mr. P. V. Dinesh, AOR Ms. Rashmi Singh, Adv. Mr. Ashwini Kumar Singh, Adv. Mr. Bineesh K., Adv. R-4 Mr. Harshad V. Hameed, AOR Mr. Dileep Poolakkot, Adv. Mrs. Ashly Harshad, Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner states that rejoinder is not required to be filed.
2 Learned counsel for parties to file a short synopsis running into not more than two pages each. List on a non-miscellaneous Tuesday in the month of November, 2021. IA NO.68900/2021- APPLICATION FOR VACATING STAY Application stands disposed of in terms of the orders passed today. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
ITEM NO.801 Court 6 (Video Conferencing) SECTION XI-A 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). 6370/2021 (Arising out of impugned final judgment and order dated 26-03-2021 in WA No. 285/2021 passed by the High Court Of Kerala At Ernakulam) B. MOHAMMED JAMAL Petitioner(s) VERSUS THE STATE OF KERALA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.55768/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.55769/2021-EXEMPTION FROM FILING O.T. ) Date : 23-08-2021 This petition was mentioned today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. Tom Joseph, AOR For Respondent(s) Mr. C. K. Sasi, AOR Mr. P. V. Dinesh, AOR (mentioned by) Mr. Harshad V. Hameed, AOR UPON being mentioned the Court made the following O R D E R Not to be deleted from the date already notified. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
1 ITEM NO.3 Court 8 (Video Conferencing) SECTION XI-A 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). 6370/2021 (Arising out of impugned final judgment and order dated 26-03-2021 in WA No. 285/2021 passed by the High Court Of Kerala At Ernakulam) B. MOHAMMED JAMAL Petitioner(s) VERSUS THE STATE OF KERALA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.55768/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.55769/2021-EXEMPTION FROM FILING O.T. ) Date : 28-04-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mr. V. Giri, Sr. Adv. Mr. Babu Karunkapadath, Adv. Ms. Anu K. Joy, Adv. Mr. Alim Anwar, Adv. Mr. Tom Joseph, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Applications for exemption from filing C/C of the impugned judgment and exemption from filing O.T. are allowed. Learned senior counsel for the petitioner contends that all employees of the Wakf Board presently employed prior to 2016 would continue to work till the age of 58 years. In a case on the post held by the petitioner, the mode of appointment is sought to be changed to one of deputation from State Government and since
2 government servants retire at the age of 56 years, that is the reason that the retirement age is sought to be reduced to 56 years for the post. He, however, submits that the same cannot affect the petitioner who was directly appointed in the year 2001 and thus would be entitled to continue till the age of 58 years. On a Court query learned counsel submits that in terms of the impugned order, leave was already granted to the petitioner to continue work till his replacement is appointed and no replacement has been appointed till date. Issue notice. In the meantime, no fresh appointments be made to the post till the next date. (CHARANJEET KAUR) (R.S. NARAYANAN) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)