Chandra Pal Singh and ors. Vs. State of U.P. and ors.

Chandra Pal Singh and ors.;sham Sunder Sharma and ors. vs State of U.P. and ors.;state of U.P. and ors.

Type Court Judgment Court Supreme Court of India Decided Apr 19, 1985

~4 min read

https://sooperkanoon.com/case/654288

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/654288
Court: Supreme Court of India
Judge: A. Varadarajan,; Syed M. Fazal Ali and; Sabyasachi Mukharji, JJ.
Decided On: Apr 19, 1985
Case Number: Civil Appeal Nos. 8820, 8821-24, 10045 and 10551-64/86, 10542/83, 2577-78 and 2573/84 and S.L.P. (Ci
Subject: Service

Case Summary

AI-generated summary - not the official court judgment text.

- ARBITRATION AND CONCILIATION ACT, 1996. Sections 34 & 38 (Part-I): [Tarun Chatterjee & P. Sathasivam, JJ] Applicability to Foreign award Held, The provisions of Part-I of the Act would apply to all arbitrations including international commercial arbitrations and to all proceedings relating thereto. Where such ar...

Key legal issue: Service

Parties & Advocates

Appellant / Petitioner

Chandra Pal Singh and ors.;sham Sunder Sharma and ors.

Respondent

State of U.P. and ors.;state of U.P. and ors.

Legal References

Reported In: 1985(1)SCALE1317; 1985Supp(1)SCC92

Excerpt

- arbitration and conciliation act, 1996. sections 34 & 38 (part-i): [tarun chatterjee & p. sathasivam, jj] applicability to foreign award held, the provisions of part-i of the act would apply to all arbitrations including international commercial arbitrations and to all proceedings relating thereto. where such arbitration is held in india, the provisions of part-i would compulsorily apply and parties are free to deviate to the extent permitted by the provisions of part-i. even in the case of international commercial arbitrations held out of india provisions of part-i would apply unless the parties by agreement, express or implied, exclude all or any of its provisions. such an interpretation does not lead to any conflict between any of the provisions of the act and there is no lacuna as such. the matter, therefore is concluded by the decision in bhatia international v bulk trading s.a. & anr; [2002 (4) scc 105; 2002 air scw 1285]. sections 34 & 38: enforcement of foreign award award directing appellant, a foreign company to transfer shares in indian company, a joint venture company to respondent respondent seeking enforcement of award in foreign court - held, it is violative of shareholders agreement. appellant can challenge the award in indian courts. further, in view of injunction restraining respondent from seeking or effecting transfer of shares, respondent ought not to have proceeded in issue in foreign court without getting earlier interim orders vacated. .....pay scale of rs. 515-860/-,b. appointments on these posts shall be made from amongst all those officiatingsub-inspectors who are liable to be reverted and have crossed the age of 40 years on 30th september 1984 and whose service records are satisfactory.c. only those officiating sub-inspectors will be absorbed on these posts who have officiated on the posts of sub-inspector for three years or mo re till 30th september, 1984,d. selection of the candidates will be done by a committee nominated by the government on the basis of service records of the concerned candidates.e. these 1300 supernumerary posts will be personal and the post and term thereof will expire on retirement of incumbent or termination of his service due to any other reason.f. no officiating sub-inspector promoted under para 191 of the office manual falling within the above category whether he has approached the court or not will be reverted before the decision of selection committee. if certain sub-inspectors falling within the above category have been reverted they may be promoted on the above posts.5. the said government order dated 1st december 1984 is taken on record and the respondent shall implement the said order immediately.6. in so far as the officiating head constables are concerned, they would be reverted to their substantive posts of constables. the state shall promote the constables to the posts of head constables against the vacancies which may arise, on account of the creation of 1300 supernumerary posts, inaccordance with the relevant rules.7. in view of the above said order all the civil appeals which have been filed by officiating sub-inspectors coveredby the government order dated 1st december 1984 are rendered infructuous.8. the appeals and petitions filed by sub-inspectors who are below 40 years or who have officiated on the post of sub-inspectors for less than 3 years till 30th september 1984 will stand dismissed. the interim order in the said appeals and petitions will.....

Full Judgment

ORDER

1. Heard counsel for the parties. Generally the suppositions and propositions given to us by Mr. Gopal Subramanium, counsel for the State of U.P. are acceptable to all the appellants/petitioners excepting a few contentions which, we feel, are without force. We therefore pass the following order :

1. The respondent State of U.P, has filed an affidavit of Shri R.S. Asthana, Joint Secretary, Department of Home, Government of U.P. Lucknow. In the said affidavit it has been pointed out that a suggestion was made by this Court during the hearing of these appeals, that the State of U.P. may consider the grievancesof the petitioners, with particular reference to the recommendations and suggestions made by the Allahabad High Court (Lucknow Bench) vide its judgment and order dated 17th November 1983. The State of U.P. has considered the matter and with a view to solve the problems, arising out of large-scale reversions of officiating sub-Inspectors approved under paragraph 191 of the Police Office Manual proposed sanction for the creation of 1300 supernumerary posts of Sub-Inspectors of Civil Police.

2. It is stated in the affidavit of Shri R.S. Asthana, that the said proposal has been duly approved by the Cabinet and consequently G O. 5481/VIII-10-84-1200 (31)/84, dated 1.12.1984 has been issued.

3. A copy of the said Government order has been annexed as Annexure R-1 to the affidavit of Shri R.S. Asthana.

4. The said Government order provides as follows :-

a. That the Government has been pleased to sanction the creation of 1300 supernumerary posts of civil police in the pay scale of Rs. 515-860/-,

b. Appointments on these posts shall be made from amongst all those officiatingsub-Inspectors who are liable to be reverted and have crossed the age of 40 years on 30th September 1984 and whose service records are satisfactory.

c. Only those officiating Sub-Inspectors will be absorbed on these posts who have officiated on the posts of Sub-Inspector for three years or mo re till 30th September, 1984,

d. Selection of the candidates will be done by a committee nominated by the Government on the basis of service records of the concerned candidates.

e. These 1300 supernumerary posts will be personal and the post and term thereof will expire on retirement of incumbent or termination of his service due to any other reason.

f. No officiating Sub-Inspector promoted under para 191 of the Office Manual falling within the above category whether he has approached the Court or not will be reverted before the decision of selection Committee. If certain Sub-Inspectors falling within the above category have been reverted they may be promoted on the above posts.

5. The said Government Order dated 1st December 1984 is taken on record and the respondent shall implement the said order immediately.

6. In so far as the Officiating Head Constables are concerned, they would be reverted to their substantive posts of constables. The State shall promote the Constables to the posts of Head Constables against the vacancies which may arise, on account of the creation of 1300 supernumerary posts, inaccordance with the relevant rules.

7. In view of the above said order all the Civil appeals which have been filed by officiating Sub-Inspectors coveredby the Government order dated 1st December 1984 are rendered infructuous.

8. The appeals and petitions filed by Sub-Inspectors who are below 40 years or who have officiated on the post of sub-Inspectors for less than 3 years till 30th September 1984 will stand dismissed. The interim order in the said appeals and petitions will stand vacated.

9. The appeals and petitions which have been preferred by officiating Head-Constables, will stand dismissed as a result of this order. The Government will make fresh promotions to the post of constables in accordance with the Rules which provides for promotion on the basis of seniority and performance. All interim orders passed in these appeals and petitions are vacated.

10. In the appeals and petitions filed by the officiating Sub-Inspectors, the Government order dated 1st December 1984 clarifies that no officiating Sub-Inspector promoted under para 191 of the Manual covered by the order shall be reverted, till the Selection Committee takes a decision.

11. All the writ petitions, special leave petitions appeals and all connected matters which are not listed, a list of which will be given by the counsel for the parties by Tuesday next, are disposed of in terms of the above order. The promotions shall be made within six months from today. There shall be no order as to costs.

Same Court & Year Supreme Court of India · 1985 Same Parties Chandra Pal Singh and ors.;sham Sunder Sharma and ors. vs Sta... Same Subject Service Same Judge A. Varadarajan,; Syed M. Fazal Ali and; Sabyasachi Mukharji, JJ.

Service