NON­REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

M.A. NO.712/2019 IN CIVIL APPEAL NO.1474/2019

Union of India and others …Appellants

Versus

Sri Harananda and others …Respondents

In the matter of:

Sunil Kumar Singh …Applicant

WITH

M.A. NO.774/2019 IN S.L.P. …CC NO.5738/2016

O R D E R

M.R. SHAH, J.

M.A. NO.712/2019 IN CIVIL APPEAL NO.1474/2019

M.A. No. 712 of 2019 in Civil Appeal No. 1474 of 2019 has

been  preferred  at the  behest of the  Ministry  of  Home Affairs,

Union of India, for the following reliefs:

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“allow the present application seeking modification of the order dated 05.02.2019 in Civil Appeal No. 1474 of 2019 arising out of S.L.P.(Civil) No. 12393 of 2013 and other related Appeals to the  effect that the  reference to  SLP 12393/2013 as reflected in the third line from top of para 26 shall be read after correction as SLP 35548­35554 of 2015 and thereafter wherever the mention has been made to RPF, the same shall be read as CAPFs under the Ministry of Home Affairs.”

2. Having heard the learned counsel for the respective parties,

the prayer is allowed.  Necessary corrections be made, as prayed.

3. M.A. No. 712 of 2019 stands allowed accordingly.

M.A. NO.774/2019 IN S.L.P. …CC NO.5738/2016

M.A. No. 774 of 2019 has been preferred by the Indian Police

Service  Central  Association for an  appropriate order to clarify

Judgment and Order dated 5.2.2019, to the extent that the right

of the IPS Officers for  deputation, in  terms of the  recruitment

rules, in the various CAPF are not impacted merely by grant of

Organised Group ‘A’ Central Services to the CAPF’s.

2. We have heard the learned counsel for the respective

parties.

3. At the outset, it is required to be noted that the controversy

before this Court in the main appeals was with respect to grant of

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Organised Group ‘A’ Central Services to the RPF & CAPF’s, arising

out of the respective judgments and orders passed by the High

Court  holding that the  RPF officers  and CAPFs are entitled  to

grant  of  Organised  Group ‘A’  Central  Services.  There  was  no

issue before this Court with respect to any of the rights of the IPS

Officers for deputation in CAPF.   No observations are made by

this Court in the Judgment sought to be clarified with respect to

right of the IPS Officers for deputation, in terms of the

recruitment rules, if any, in the various CAPFs.  Therefore, when

the said controversy was not there, there is no question of any

clarification as sought by the application. Even otherwise,  it is

required to be noted that in paragraph 26 in the Judgment and

Order sought to be clarified, it is specifically mentioned that by

granting Organised Group ‘A’ Central Services to the RPF (it

should be read as CAPF), the rights of the IPS, if any, for their

appointment on deputation on some of the posts cannot be said

to have affected.   Therefore, in view of the specific

clarification/observations made in paragraph 26 of Judgment

dated 05.02.2019, no further clarification is required.   Still, it is

observed that while deciding the appeals, this Court has made no

observations with respect to the right of the IPS Officers for

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deputation, in terms of the recruitment rules, if any, as the same

was not the controversy and/or issue before this Court and the

decision of this Court shall be construed with respect to grant of

Organised Group ‘A’ Central Services only.  With this, the present

application stands disposed of.   All other interlocutory

applications are also disposed of accordingly.

…………………………………………J. [ROHINTON FALI NARIMAN]

NEW DELHI; ………………………………………….J. OCTOBER 18, 2019. [M.R. SHAH]

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