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                 [ REPORTABLE]

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1967 OF 2013 (Arising out of Special Leave Petition (Civil) No. 20635 of 2011)

State of Orissa & Ors.                                                      …Appellants

Vs.

Sri Jagabandhu Panda              …Respondent

WITH

C.A.No.1968 OF 2013 arising out of SLP(Civil) No.8676/2013

J U D G M E N T

M.Y.EQBAL,J.

C.A.No.1967 of 2013 arising out of SLP(Civil) No.20635/2011

Leave granted.

2. This appeal  at  the instance of  State of  Orissa is  directed  

against  the  judgment  and  order  dated  08.10.2010,  whereby  the  

Division Bench of the Orissa High Court refused to interfere with the  

order  passed  by  the  Orissa  Administrative  Tribunal  in  O.A.  

No.97/2009.

3. The facts of the case in brief are as under:

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4. The  respondent  was  appointed  pursuant  to  the  

advertisement dated 5.4.1984 on the post of Ore Dressing Engineer  

in  Class-1 Junior  Grade of  the State Services in  the pay scale of  

Rs.850-1450.  The respondent in response to the appointment letter  

dated 2.11.1984 joined in the said service on 14.11.1984.  Between  

18.6.1996  and  19.6.2001  he  was  deployed  in  Steel  and  Mines  

Department on certain terms and conditions, but he was to draw the  

salary from the Directorate of Geology. He was again deployed as  

officer  on  Special  Duty  in  Steel  and  Mines  Department  between  

10.9.2003 to 8.9.2006 on certain terms and conditions and he was  

also  drawing  the  salary  and  other  service  benefits  from  the  

Directorate of Geology.  The post of Ore Dressing Engineer in the  

office  of  the  Directorate  of  Geology  was temporarily  upgraded on  

1.9.2008  as  OSD-cum-Deputy  Director  in  the  scale  of  Rs.9350-

14550/-  and  he  was  allowed  to  continue  in  the  upgraded  post.  

However, this post was termed as ex-cadre and the post of OSD-

cum-Deputy Director was to lapse on his retirement.  The respondent  

filed Original  Application before the Tribunal  with a prayer that  he  

should be re-designated as OSC-cum-Deputy Director (Steel) instead  

of OSD-cum-Deputy Director (ex-cadre).  All  the representations in  

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this regard were rejected by the department for which the opposite  

party had to approach the Tribunal.

5. The said application of the respondent before the Tribunal  

was resisted by the State on the ground that the post of Ore Dressing  

Engineer  advertised by OPSC was an ex-cadre post  and that  the  

respondent continued in ex-cadre post through out.  It was admitted  

by the respondent that the services of the opposite party had been  

placed with Steel and Mines Department, but he was reverted back to  

the Directorate of Geology since his services in the Department of  

Steel and Mines was not found to be useful.  There being no scope of  

promotion  in  the  ex-cadre  post  held  by  the  respondent,  the  

government decided to upgrade the same as Ore Dressing Engineer  

(ex-cadre) in the Directorate of Geology and re-designated the same  

as  OSD-cum-Deputy  Director  (ex-cadre).   The  respondent  having  

availed  the  benefits  of  the  said  upgraded  post,  requested  for  re-

designating the said post as OSD-cum-Deputy Director (Steel).

6. Mr.L.Nageshwar Rao, learned senior Advocate appearing for  

the  petitioner/Sate  referring  to  several  documents  and  rules  

submitted that the post of Ore Dressing Engineer in Class-1 Junior  

Grade is not available in the Directorate of Geology.  The cadre rules  

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do not provide such a post and, therefore, from the beginning the said  

post was treated as ex-cadre post.  According to the learned counsel,  

the respondent was appointed against  the said ex-cadre post  and  

continued as such till his services were placed in the Department of  

Steel  and  Mines  for  certain  period.   After  being  reverted  to  the  

Directorate of Geology, he again continued in the said ex-cadre post.  

However since there being no scope of promotion, the Government  

decided  to  upgrade  the  post  held  by  the  respondent  and  re-

designated  it  as  OSD-cum-Deputy  Director  (ex-cadre)  and  the  

respondent accepted the same and has been continuing in the said  

post.   It  was  further  submitted  by  the  learned  Additional  Solicitor  

General that the respondent having worked against an ex-cadre post  

all  through,  he cannot  claim that  the said post  be included in  the  

cadre.

7. Per  contra,  Mr.  Patwalia,  the  senior  Advocate  for  the  

respondent at the very outset submitted that the case of the State  

that  the  post  of  respondent  is  an  ex-cadre  post  is  baseless,  

misleading  and  malafide  which  is  evident  from  the  documentary  

evidence  including  the  letter  of  appointment.   According  to  the  

learned  counsel  when  the  post  of  Ore  Dressing  Engineer  was  

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sanctioned in the year 1981 it was sanctioned as an ex-cadre post.  

Accordingly he submitted that the ex-cadre post can be created to  

meet the urgent need of department for a shorter period and such  

post  cannot  be  allowed  to  be  continued  on  ex-cadre  basis  for  

indefinite period.   It  was contended that  the respondent has been  

working as OSD (Ore Dressing Engineer) for the last 26 years itself  

shows that the post is not an ex-cadre post but a cadre post.  It was,  

further,  submitted  that  the  different  pay-scales  between  the  cadre  

post and ex-cadre post cannot be the sole criteria for deciding the  

nature of particular post as an ex-cadre post.  The appellant State  

has been wrongly treating the post of the respondent as an ex-cadre  

post  only  because of  the different  pay  scales.   The action  of  the  

appellant State in treating the post of the respondent as an ex-cadre  

post is wholly illegal and malafide.   

8. We have heard the learned counsels for the parties at length  

and considered the facts of the case and the documents in support of  

their respective cases.

9. The sole question that falls for consideration is as to whether  

the post held by the respondent is an ex-cadre post.  In order to find  

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out the correct factual position, we have to examine the facts of the  

case in detail.

10. In  the  year  1981,  a  proposal  was  made  by  the  

Commissioner-cum- Secretary of Mining and Geology Department for  

creation of post of Ore Dressing Engineer in Class-1 rank in the pay  

scale of Rs.850-1450/- for the scheme “Applied Mineral Research”  

during  1981-82.   In  the  said  proposal  it  was  mentioned  that  the  

assessment  of  mineral  resources  of  the  State  constitute  a  most  

important objective of the Directorate of Mines.  Apart from geological  

investigations in the field, it is necessary to determine the grades of  

different ores and minerals encountered during the course of such  

investigations. For such purposes certain facilities were developed  in  

the research laboratory of the Directorate of Bhubaneswar.  In order  

to  take up the investigation with  regard to  study of  the possibility  

characteristics of China Clay etc. it was proposed to create a post of  

Ore Dressing Engineer.  The proposal was materialized and creation  

of one post of Ore Dressing Engineer temporarily in the pay scale of  

Rs.850-1450/-  was  sanctioned.   Accordingly,  the  Directorate  of  

Mines,  Govt.  of  Orissa  vide  communication  dated  26th September  

1981 informed the Mines and Geological Department, Bhubaneswar  

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about the creation of post.  In the said letter it was mentioned that the  

post of Ore Dressing Engineer should be treated as an ex-cadre post.  

For  better  appreciation   the  letter  dated  26 th September  1981  is  

reproduced hereinbelow:

“Directorate of Mines ORISSA

No.25217/Mines,Bhubaneswar: 26th Sept.1981 From

B.K.Mohanty Director of Mines.

To The A.F.A.-cum-Under Secretary to Govt. Mining & Geology Department, Bhubaneswar

Sub: Filling up the post of Ore Dressing Engineer

Sir, In inviting the reference to your letter No.10780 MG  

dated the 26th Sept.1981, I am to say that the post of Ore  Dressing Engineer should be treated as an ex-cadre post.  The job chart of the post is as follows:

“The Ore Dressing Engineer will be required to working the  Research  Laboratory  of  the  Directorate  of  Mines  at  Bhubaneswar.  He may also be required to original  and  take the Ore dressing/beneficiation tests in  the field as  may  be  necessary.  He  will  be  responsible  for  maintenance and operation of the ore dressing equipment  and  instruments.  He  will  conduct  tests  under  the  supervision  of  the  Minerals  Technologist  and  Joint  Director of Projects, as may be assigned and report the  results of such tests from time to time, as may be required  by the Director of Mines.

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                 Yours faithfully Sd/-Illegible Directorate of Mines”

11. The  post  was  accordingly  advertised  by  the  Orissa  Public  

Service Commission on 5th April 1984.  By the said advertisement,  

applications in the prescribed form were invited for one post of Ore  

Dressing Engineer, Class-1 Junior Grade of State Service in the pay  

scale of Rs.850-1450/-.  In the said advertisement, it was mentioned  

that the post is temporary but likely to be made permanent in due  

course.   The  respondent  on  being  selected  was  issued  an  

appointment letter  and pursuant  to  the said appointment  letter  the  

respondent joined in the said post.  In the year 1985, the Government  

sanctioned three advance increments to the respondent in the pay  

scale  of  Rs.850-1450/-  as  per  the  terms  and  conditions  of  the  

advertisement.   

12.  Immediately after joining the said post the respondent started  

filing representation for making his ex-cadre post en-cadre to “The  

Orissa Mining and Geology Service Rules” which is now an ex-cadre  

post.   The  said  representations  dated  28.6.1985  and  5.9.1985  

followed by another representations dated 7.3.1986 and 16.4.1986 to  

the  Secretary  to  Government  of  Orissa,  Mining  and  Geology  

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Department, the respondent stated that only after joining he came to  

know that  the Ore Dressing Engineer  was an ex-cadre post.   He  

claimed that post of Ore Dressing Engineer is en-cadre post and the  

next  promotion  was to  Joint  Manager.   By  another  representation  

submitted by the respondent on 19.9.90 wherein respondent alleged  

that Ore Dressing Engineer post is being treated as an ex-cadre post.

13. By another representation dated 11.2.93 to the Commissioner-

cum-Secretary  to  the  Government  of  Orissa,  Steel  &  Mines  

Department, the respondent categorically stated that he was working  

as Ore Dressing Engineer in the Directorate of Mining and Geology in  

an ex-cadre post having no prospect of promotion in this Directorate.  

The said letter needs to be re-produced hereinbelow:

“From:

Jagbandhu Panda, B.Sc (Gng) Met) Ore Dressing Engineer, Directorate of Mining and Geology, Orissa Bhubaneswar.

To

The Commissioner-cum-Secretary to Govt. Steel and Mines Department, Orissa, Bhuvaneswar.    (Through Proper channel)

Sub:- Creation of the post of Joint Director, Steel  by way of up-gradation of the existing post of Ore  

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Dressing  Engineer  under  Steel  and  Mines  Department. Sir,

   Respectfully, I beg to state that following facts  for your kind considerations.  That the proposals  for the Steel Plants for our State is under active  considerations of  Govt.   In  order  to  coordinate  and synthesize all the activities for this, I cam to  learn  that  a  cell  has  been  constituted  in  the  Department  of Steel and Mines and a number of  non-technical personnel have been inducted in to  this  cell.   In  view  of  Technical  consultancy  of  IPICOL and other agencies, I fell that there is a  need to avail services of a Metallurgical Engineer  in the above cell which is lacking at present.        I am a Metallurgical Engineering Graduate,  presently  working as Ore Dressing Engineer in  the Directorate of Mining and Geology in an ex- cadre  post  having  no  prospect  of  future  promotion  in  this  Directorate.   I  feel  that  my  experience and expertise in the field of extractive  metallurgy ( Iron  & Steel) can  be better utilized  if  a post   Joint  Director  (Steel)  can be created  under  this  Department   and  I  am  given  the  opportunity to man this post to coordinate all the  activities  of  the  proposal  Steel  Plants  in  the  Directorate level.  I urge upon you to consider the  above facts in the right earnest and provide me  the appropriate  job opportunity as per the above  proposal for which I shall be ever obliged.

Yours faithfully Sd/- Illegible 11.02.1993

(J.B. Panda)”

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14. On the basis  of  representations filed by the respondent,  the  

Government decided to allow the respondent to work as Officer on  

Special  Duty  in  the  Department  of  Steel  &  Mines  subject  to  the  

following conditions:

1. The tenure of Sri  Panda as OSD in the Department of  Steel & Mines will be for a period of 6 months from the  date of his joining.

2. Sir Panda will draw his salary and other service benefits  as usual in the post of Ore Dressing Engineer from the  Directorate of Mining and Geology.

3. His further continuation as OSD will be reviewed on the  basis of his performance and needs of the Department.

15. By  another  communication  dated  30.11.1993  issued  by  the  

Department of Steel & Mines, Govt. of Orissa the respondent was  

conferred Ex-Officio Secretariat status and was designated as Officer  

on  Special  Duty  and  Ex-Officio  Under  Secretary  to  Government,  

Department of Steel & Mines.  However, it was mentioned in the said  

communication that the ex-officio Under Secretary status was ceased  

with  effect  from the  date  his  term of  appointment  as  OSD in  the  

Secretariat is over.  It appears that after the completion of tenure as  

OSD Ex-Officio Under Secretary the respondent was reverted back to  

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his parent establishment i.e. Directorate of Geology with immediate  

effect vide Office Order dated 8th September 2006.

16. After  the  aforesaid  order  of  reversion  was  passed,  the  

respondent  then  filed  a  representation  on  5.5.2007  requesting  for  

upgradation of the post to OSD & Ex-Officio Deputy Secretary.  The  

representation  was  considered  by  the  Government  and  vide  

communication dated 10.8.2007 the respondent  was informed that  

his request for upgradation of post Ore Dressing Engineer (Ex-cadre)  

could not be considered for the present.  This letter also worth to be  

quoted herein-below:

“Department of Steel & Mines      No.7107/S.M. Bhuvaneswar, the  17.08.2007

From:   

         D.S. Jena, OAS   Under Secretary to Government

To Sri Jagabandhu Panda, Ore Dressing Engineer Directorate  of Geology, Orissa, Bhuvaneswar.

                 Sir,

I  am  directed  to  invite  a  reference  to  your  representation  dated  05.05.2007,  regarding upgradation of your post to  OSD &  Ex-Office-Deputy  Secretary  and  to  say  that  

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you  joined  Government  service  in  the  Ex- cadre  post  of  Ore  Dressing  Engineer  (Jr.  Class-I)  on  14.11.1984  in  the  erstwhile  Directorate of Mining and Geology after being  selected by the OPSC.

You  were  sanctioned  3  advance  increments  in  the  scale  of  pay  of  Rs.  850- 1450-  at  the time of  joining the post  of  Ore  Dressing Engineer. Your present pay scale is  Rs. 8000-13,500/-.  Your case is not same as  the  case  of  other  qualified  Geologists  and  Mining  Engineers,  who  joined  the  State  Government  in  Class-II  posts.   Mining  Engineers & Geologists appointed in Class-II  posts  have  to  serve  a  long  period  to  get  promotion to the Junior Class-I rank.  They do  not  get  advance increments on appointment  or promotion.

You were deployed as OSD & Ex-Officio  Under Secretary to Government of Steel and  Mines  Department  from  1997  to  2001  and  again  from  2003  to  08.09.2006.   As  your  continuance in the Department was felt to be  of  no  necessity  you  have  been  reverted  to  your  parent  post  of  Ore  Dressing  Engineer  (Ex-Cadre) in the Directorate of Geology w.e.f.  08.09.2006 (A.N.).

The  post  of  Ore  Dressing  Engineer  (Ex.Cadre)  was  originally  created  in  the  Directorate  of  Mining  and  Geology  with  a  definite  purpose.   As per  the job chart,  Ore  Dressing Engineer is requested to work in the  Research  Laboratory  and  look  after  to  organize  and  take  up  Ore  Dressing  beneficiation  test  in  the  field  as  and  when  necessary  under  the  direct  supervision  of  Joint Director of Geology.

The proposal of upgradation of post of  Ore Dressing Engineer (Ex.Cadre) to the rank  of  OSD  &  Ex-Officio  Deputy  Secretary  or  

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Deputy  Director,  Steel  &  Ex-Officio  Deputy  Secretary  was  examined.   It  was  observed  that after upgradation, the original post of Ore  Dressing  Engineer  will  stand  abolished  and  the very purpose of creation of the post will be  defeated.

Further  neither  there  is  any  post  of  Deputy Secretary belonging to Mining Cadre  in the Orissa Secretariat nor there is any post  of  Deputy  Director.  Ore  Dressing  in  the  Directorate  to  consider  your  case  for  promotion  to  the  higher  rank.   There  is  no  necessity  now  to  upgrade  the  post  of  Ore  Dressing Engineer (Ex.Cadre).

In  view  of  above  facts,  your  representations for upgradation of the post of  Ore Dressing Engineer (Ex.Cadre) could not  be considered at present.

Yours faithfully,

Sd/ Illegible 10.08.2007

Under Secretary to Government”

   17.     However after about an year vide Notification dated 1.9.2008  

issued by the Steel & Mines Department Govt. of   Orissa a post of  

Ore  Dressing  Engineer  (Ex-Cadre)  was  temporarily  upgraded  and  

redesignated as OSD-cum-Deputy Director (Ex-cadre) for a period of  

six  months  or  till  receipt  of  recommendation of  the Commissioner  

whichever earlier.  The Notification dated 1.9.2008 reads as under:

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“Government of Orissa              Steel and Mines Department, No.XII (DG)SM-65/2006/SM Bhuvaneswar,  

NOTIFICATION

The  only  post  of  Ore  Dressing  Engineer  (Ex.Cadre) in the office of the Directorate of  Geology carrying  the pay scale of Rs. 8000- 275-13,500/- is temporarily upgraded and re- designed  as  OSD-cum-Deputy  Director  (Ex- cadre)  in  the  pay  scale  of  Rs.9350-325- 14550) from the date  of issue of this order.  Sri J.B. Panda, at present holding the post of  Ore Dressing Engineer (Ex.Cadre) is allowed  to continue in the upgraded post of OSD-cum- deputy Director  (ex-cadre)  in  the above pay  scale for period of six month or till receipt of  recommendation  of  OPSC  whichever  is  earlier.

The  post  of  OSD-cum-Deputy  Director  (ex-cadre)  shall  be  co-terminus  with  the  retirement of Sri J.B. Panda and thereafter the  post of Ore Dressing Engineer (Ex.Cadre) will  be reviewed automatically in the Directorate of  Geology in the scale of pay of Rs. 8000-275- 13500/-.

By order of Governor M. R. Pattanaik Joint Secretary to Government

Memo No.6269/dated 01.09.2008 Copy forwarded to the Directorate of Geology Orissa  Bhubaneswar/  person  concerned  for  information and necessary action.

Sd/- Illegible Joint Secretary to  Government

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Memo No……./Dt. Copy  forwarded  to  the  AG,  Orissa/Spl,  Secretary,  OPSC,  Cuttack,  Finance  Department/GA  (SE)  Department  for  information and necessary action.

                                              Joint Secretary to Government”

18. After  receipt  of  the  Notification  the  respondent  submitted  

another  representation  claiming  that  he  was  to  be  designated  as  

Deputy  Director  (Steel)  but  instead  of  issuing  Notification  to  that  

effect, it was wrongly notified that the post was temporarily upgraded  

as OSD-cum-Deputy Director (Ex-cadre).

19. The Government  finally  by  communication  dated 26-12-2008  

informed the respondent that after careful consideration of the earlier  

representations,  the  Notification  was  issued  upgrading  his  

designation.   The respondent was advised to adhere to the order  

passed  by  the  Government  and  stopped  making  unnecessary  

correspondence with the Government.

20. From perusal of the order passed by the Tribunal, it reveals that  

although the Tribunal noticed that neither in the advertisement nor in  

the  appointment  letter  it  was  mentioned  that  the  respondent  was  

appointed to an ex-cadre post but from the notings produced from the  

Secretariat file, it does indicate that the respondent was a holder of  

ex-cadre  post.   The  Tribunal  further  held  that  the  prayer  of  the  

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respondent  to  allow him to  work  in  Administrative  Department  as  

OSD-cum-Deputy  Director  cannot  be  endorsed  as  to  whether  the  

services of a particular official against a particular post is required by  

the  Government.   It  is  for  the  Government  to  determine.   The  

Tribunal,  therefore,  refused  the  prayer  of  the  respondent  for  

permitting  him to  work  in  the  Administrative  Department  as  OSD-

cum-Deputy Director (Steel).  However, as regards the promotional  

prospect the Tribunal held as under :-

“As  regards  his  promotional  prospects  it  is  clear from the documents at Annexure 1 and 2 that  the applicant was termed as a hold of ex-cadre post  only  after  his  actual  appointment  and no mention  was  made  therein  regarding  his  appointment  against an ex-cadre post.   We, therefore, suggest  that  the Directorate  of  Geology may consider  the  case of the applicant for career advancement vis-à- vis other comparable Class-I  Engineers in service  appointed  in  1984  in  the  erstwhile  Directorate  of  Mining  an  Geology  (and  later  the  Directorate  of  Geology)  on  the  same  footing  as  if  he  was  appointed at par with other Engineers in 1984 and  treating him as the junior  most  of  that  batch and  consider him for promotion from the date his junior  was so considered from time to time.”

21. The aforesaid order of the Tribunal was challenged by the  

appellant by filing a writ petition.  The Division Bench dismissed the  

Writ  Petition mainly on the ground that the post against which the  

respondent was appointed was described as an ex-cadre post only in  

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September, 2005 and there is no office note prior to the said date  

indicating  that  the  post  of  Ore-dressing  Engineer  has  ever  been  

treated as an ex-cadre post prior to 2005.

22. After giving our anxious consideration in the matter prima  

facie, we are of the view that the finding arrived at by the High Court  

that the post of Ore Engineer was for the first  time treated as ex-

cadre post in the year 2005, is absolutely perverse and erroneous.  

As noticed above, immediately after joining the post of Ore-dresser,  

the  respondent  started  filing  representations  viz.,  28.06.1985,  

05.09.1985, 07.03.1986 and 16.04.1986.  The respondent stated that  

only after joining he came to know that the post he was holding was  

an ex-cadre post.  It is well within the knowledge of the respondent  

that  the  post  which  he  was  holding  was  an  ex-cadre  post  and,  

therefore, by series of representations he requested the Department  

to upgrade the said post and to open up the promotional avenues.

23. It is not in dispute that the post of Ore-dressing Engineer was  

created  on  the  basis  of  proposal  initiated  from the  Commissioner  

level under a Scheme “Applied Mineral Research 1981-82”.  In the  

said proposal it was mentioned that the assessment of the mineral  

resources of the State constituted a most important objective of the  

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Directorate of Mines.  In order to take up the investigation with regard  

to the study of  minerals it  was proposed to create a post  of  Ore-

dressing Engineer under a scheme.  It  is,  therefore, clear that the  

post  of  Ore-dressing  Engineer  was  created  and  appointment  was  

made  outside  the  existing  cadre  of  mining  engineers.   It  was  so  

understood by the respondent that  from the inception that  he was  

holding  an  ex-cadre  post  there  had  been  a  special  reason  for  

recruiting an Ore-dressing engineer for a specific purpose temporarily  

outside the ex-cadre of mining engineer.  It is well settled that a cadre  

may consist of permanent as well as temporary post and there may  

be permanent vacancies in permanent as well as temporary post, but  

it does not follow that appointment made outside the very service and  

outside the cadre must be considered to be made to temporary post  

borne on the cadre merely because, the post was likely to continue  

indefinitely.

24. In  T.N.  Administrative  Service  Officers  Association   

and Another vs.  Union of India and Others (2000) 5 SCC 728 this  

Court  was  considering  a  case  where  the  Members  of  the  State  

Administrative Services made a claim that a number of ex-cadre or  

temporary posts which were temporary in nature and some of them  

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were  created  under  the  State  Enactments  which  required  their  

manning by IAS Officers.  It was contended that on account of failure  

of  the Central  Government  to  timely review the cadre strength  as  

statutorily required, the promotion of the promotees got inordinately  

delayed and they lost their seniority in the promoted cadre.  The rule  

does not confer any right on the petitioners to seek a Mandamus for  

encadring  those  ex-cadre/temporary  posts.   Any  such  Mandamus  

would run counter to the statutory provisions governing the creation  

of cadre and fixation of cadre strength which was held that asking the  

State  or  the  Central  Government  for  encadrement  of  the  ex-

cadre/temporary  posts  will  amount  to  asking  the  Government  to  

create more posts.

25. In the background of the law well settled by this Court, we are  

of the definite opinion that the direction issued by the Tribunal and the  

order of the High Court affirming the order of the Tribunal is wholly  

without jurisdiction.  The impugned orders passed by the Tribunal as  

also by the High Court are, therefore, liable to be set aside.

26. For the aforesaid reasons, we allow this appeal and set aside  

the orders passed by the State Administrative Tribunal in O.A. No.97  

of 2009 and the impugned order passed by the High Court.  

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         C.A. No.1968 of 2013 arising out of SLP(Civil) No.8676/2013   

27.   Leave granted.

28.   This Civil Appeal is disposed of in terms of judgment passed  

in Civil Appeal No. 1967 of 2013 arising out of SLP(Civil) No.20635 of  

2011.

…………………………….J.     ( Surinder Singh Nijjar)

…………………………….J.                   ( M.Y. Eqbal)

New Delhi, February 27, 2013

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