Kochi co strip searches women to nab 'napkin user'

 In a bizarre incident, a company here allegedly ordered the strip-searching of 15 women to zero-in on the person who had not disposed of a used sanitary napkin properly inside a toilet.

The woman employees who protested against such humiliation were threatened with sacking by the glove-manufacturing company's authorities. The incident, which took place on December 10, has sparked a furore in the state, with a probe being ordered and the high court set to hear the case on Friday.

One of the women subjected to the strip search told on Tuesday that they have been constantly suffering indignities that are too embarrassing to reveal in public.

"In fact, on that day the woman supervisors asked all of us except those who didn't have uterus to come to toilet and subjected us to strip search. When we protested, they threatened to throw us out of the company. We complained to the manager but he took the side of the supervisors," the woman said, requesting anonymity.

Despite the company allegedly trying to settle matters, the women, aged 20-50, filed a police complaint on December 19. They said the incident had affected them mentally.

A four-member committee set up by the development commissioner of CSEZ and the women's police station, Ernakulam Town, are investigating the matter.

"We have given all details including CCTV footage from the company to both investigating teams. They have collected statements from employees as well as the management", said CYA Rahim, managing director of Asma.

According to him, a sanitary pad was found in the toilet on December 11 and not December 10, as mentioned in the women's complaint, but no strip search was conducted by the two women supervisors. "Of the 15 women employees who signed the petition, two of them were on leave on December 10. The employees who filed the petition are said to have had issues with the two supervisors", Rahim added.

Anger over the strip search has spilled over onto social media, with Facebook and Twitter users from Kerala on Tuesday calling for a 'Napkin Protest'.

Some of them tweeted the postal address of the glove company. A user, @sosurie, posted, " Ridiculous if true: 45 women working in Asma Rubber Products Pvt Ltd, Kochi strip searched over a used sanitary napkin". Another user, @AnjaliGorg, said, "No Surprise. Women face worse experience in many Ladies Hostels of Kerala. Mostly convent hostels".

Amit Shah discharged from Sohrabuddin fake encounter case

 A special CBI court in Mumbai on  30-12-2014 Tuesday discharged Amit Shah from the Sohrabuddin fake encounter case and dropped charges against him.

Amit Shah who was the home minister of Gujarat then and was an accused in the case had sought a discharge saying he was being targeted by his political rivals .

During the hearing, CBI counsel SV Raju told the court that the agency was directed to carry out investigations into Sohrabuddin encounter case in 2010, five years after the alleged incident.

Raju said if the accused gives an explanation over the charges against him and if two views are possible in a case, he can be discharged.

Shah's defence counsel said there was no direct evidence against him whatsoever.

He claimed that there was no proof to show that Amit Shah met any co-accused or telephoned only those police officers accused in the case.

Amit Shah's counsel argued that CBI has not denied that as home minister Shah would call police officers on the field as was his practice.

But they relied on call data records of only the time frame when the alleged encounters took place in 2005 and 2006 and not before it and after, which would show that he called up not just on the alleged accused police officers but others too.

One of the allegations in the case against Shah is that since he made calls to the accused police officers he has a role in the conspiracy to carry out fake encounter of Sohrabuddin Shaikh.

The CBI had charged Amit Shah, a former minister of state for home in Gujarat, and 37 others, including several police officers, in the two cases of alleged fake encounters in which gangster Sohrabuddin, who was claimed to have links to Pakistan-based terror group Lashkar-e-Taiba, and his wife Kauser Bi, were reportedly abducted by Gujarat's anti-terrorism squad and killed near Gandhinagar in November 2005.

Prajapati, an eyewitness to the encounter, was killed by police at Chapri village in Banaskantha district of Gujarat in December 2006.

LIC and Bank asked to provide online Claim forms

The finance ministry Monday asked banks and the state-run Life Insurance Corp (LIC) to make availablefor the Rs.30,000 life cover available under the Pradhan Mantri Jan Dhan Yojana (PMJDY). The LIC has also been asked to settle claims within 15 days of the receipt of the claim form. “Banks and LIC were asked to make claim forms readily available in their website. LIC was asked to settle the claim within 15 days from the date of receipt of claim, if otherwise in order. “The settlement process should not exceed 30 days in any case,” the finance ministry said in a statement here following a video conference between joint secretary Anurag Jain and executive directors of public and private sector banks to review the progress of the Jan Dhan Yojana. Till Dec 22, banks have opened 9.83 crore bank accounts under the prime minister’s financial inclusion scheme and issued 7.28 crore RuPay cards. Banks were also asked to issue passbooks to all account holders and activate RuPay cards. The banks have agreed to complete this task by January.

Madras high court has enhanced the compensation Rs 1.62 lakh to Rs 6.76 lakh

Rs 1,250 a month. This is the monetised value of domestic responsibilities that homemakers discharge 24X7, according to a motor accident claims tribunal in the state.

Keeping Rs 15,000 as 'notional income' of a house wife, a tribunal in Virudhunagar district awarded a paltry Rs 1.62 lakh as compensation for her death.

But, slamming the tribunal for its narrow-mindedness and saying such a view cannot be tolerated, Madras high court has enhanced the compensation to Rs 6.76 lakh. Justice S Vimala, pointing out that the victim's five year old daughter must be missing her mother's lap, observed: "The primary responsibility of the home-maker is to ensure that the family is happy, healthy and prosperous. To make the home as heart of the family giving total relaxation and complete freedom and joy to members of the family, is the critical role willingly undertaken and delightfully discharged. As it is voluntary, it is quite often neglected, forgotten and devalued."

Selvi, 31, earning Rs 5,000 per month by selling clothes, died in an accident on April 23, 2004. Her husband, daughter aged 5 years at that time, and mother moved the tribunal for compensation. Disbelieving the claim of independent income for Selvi as it was not supported by any documents, the tribunal concluded that her 'notional income' as a homemaker was Rs 15,000 annually.

Justice Vimala, noting that a house wife's services, described as gratuitous service, has not been considered by the tribunal, said: "When the child was aged 5 years, it lost the lap of the mother, which nobody can afford. The guidance and support needed from the mother, especially for a girl child, need not be emphasized. The tribunal, unmindful of the consequences of the death, has quantified the compensation in a way which nobody can tolerate."

Relying on Supreme Court rulings on the issue, Justice Vimala then considered Rs 36,000 as annual 'notional income' of the woman, and arrived at a compensation figure of Rs 6.76 lakh and directed the authorities to deposit the sum within three weeks. The judge also rued that though the government was expected to be a model litigant, it had not even paid the meagre compensation awarded by the tribunal.

Woman who had consensual sex can't cry rape

 A sessions court in Mumbai recently acquitted a man of charges of rape under the pretext of marriage, taking into consideration the 36-year-old complainant's matured age and her marital status.

"Obviously, a married lady, a matured woman having two children with her own consent keeps sexual relations with the accused at various time, therefore ingredients of Section 375 (rape) of IPC are not attracted," additional sessions judge Shaida Razvi said in her six-page detailed judgment.

Interestingly, the woman had attributed the filing of the case to a "misunderstanding", turned hostile in court and said during the trial that she did not want to proceed against the accused. But judge Razvi had said that even if the case is viewed on merit, the accused deserved an acquittal.

The case against the accused was registered on March 30, 2013, at the Goregaon police station. The complainant claimed she knew the accused as they lived in the same neighbourhood and that they had been meeting secretly for seven years as the man had a soft corner for her.

Hospitals, nursing homes get new code of ethics

A new code of ethics will now govern hospitals, nursing homes and other similar medical establishments, prohibiting any malpractices such as earning cuts, commissions, inflating patients' bills and accepting freebies. The Indian Medical Association (IMA) has recently issued the broad guidelines for healthcare providers and asked them to put it on display.

"IMA's Central Council has passed the declaration. We will bring out a detailed guideline explaining the code of ethics as declared. The detailed note will elaborate on what healthcare providers should do and not do," .

The present declaration, passed by IMA, highlights that hospitals or other such establishments will not "accept expensive gifts, cash benefits or gratification from the drug and equipment suppliers, diagnostics centres or similar agencies". It also clearly states that unjustified admissions or billing to patients, giving cuts and commissions to anyone for soliciting patients, over-billing in claim cases or improper entries in insurance forms will be considered 'unethical or illegal' as is the case with sheltering any criminal from law and pre-natal sex determination.

Cable operators asked to pay for fire in TV set

 TV burns because of a short-circuit in the cable connection, your cable operator is likely to pay you the damages. A consumer court in Surat has asked the operator to pay to a consumer for the damage caused to his television set, with 9% interest.

Umesh Dalal, a resident of Surat, had got a cable connection from service provider 'In Cable' though local operator 'Spectra Vision'. On July 5, 2012, Dalal saw that his TV set and the furniture around it caught fire. He found out that the electric current ran through the TV network cable due to a short circuit.

Dalal immediately called 'In Cable' operator but the cable operator came only after three hours. He too found that electric current ran through the network cable, though no electricity wires were in contact with the cable. Dalal moved the Consumer Dispute Redressal Forum in Surat and demanded damages done to his TV set and furniture. He asked for full compensation of Rs 33,000 for his LCD TV and Rs 10,500 towards damage caused to his furniture. The consumer court heard the case and considered the evidence that established that the fire was the result of problem with the TV cable. Holding the cable operators responsible for the fire accident, it asked them to pay Rs 22,000 towards damage to the television with 9% interest from the date of the incident.

Pre-marital sex not shocking, all cases not rape

The Bombay high court has ruled that every breach of promise to marry is not rape and pre-marital sex between couples is no longer shocking in India's big cities.

The observations came earlier this year during the hearing of an anticipatory bail application filed by a Nashik resident, Rahul Patil, who was booked on charges of cheating and rape following a complaint filed by his former girlfriend Seema Deshmukh.

Seema, who claimed she was pregnant with Rahul's child, said despite promising to marry her, he had married another girl. Rahul claimed the relationship was consensual, and they could not marry as they belonged to different religions. Rahul and Seema, both lawyers, knew each other since 1999 and had a physical relationship since 2006. Seema claimed he had promised to marry her. In 2009, when he said he could not, she had tried to commit suicide. They continued physical relations even after that.

"Nowadays keeping (a) sexual relationship while having an affair or before marriage is not shocking as it was earlier. A couple may decide to experience sex. Today especially in metros like Mumbai and Pune, society is becoming more and more permissive," said Justice Mridula Bhatkar, adding, "Though unlike western countries, we have social taboo and are hesitant to accept free sexual relationship between unmarried couples or youngsters as their basic biological need; the court cannot be oblivious to a fact of changing behavioural norms and patterns between man and woman relationship in society.

The court said a major and educated girl was expected to know the demands of her body and the consequences of sexual relationships, and in a case it would have to be tested independently if her decision to have sex with a man was a conscious one or not.

"Today the law acknowledges live-in relationship(s). The law also acknowledges a woman's right to have sex, a woman's right to be a mother or a woman's right to say no to motherhood. Thus, having sexual relationship with a man whether is her conscious decision or not is to be tested independently depending on the facts and circumstances of each and every case and no straightjacket formula or any kind of labelling can be adopted," the judge said.

The HC gave examples of what could be an offence under Section 376 of Indian Penal Code relating to rape -- an uneducated poor girl being induced into a sexual relationship after promise of marriage or a man suppressing his first marriage to have sexual relations with a girl.

The court also pointed out that a couple may fall out of love and questioned if the physical relationship they had before could be termed as rape. "A couple in love may be having sexual relationship and realize they are not compatible, and sometimes love between the parties is lost and their relationship dries gradually, then earlier physical contacts cannot be said as rape. A marriage cannot be imposed," said the judge.

The HC said both Rahul and Seema were educated. In 2011, Rahul had filed an affidavit with police that Seema was forcing him to get married and was threatening to commit suicide. They had sexual relations even after this. Seema lodged a complaint of cheating and rape in 2013. "The complainant is an educated girl and it shows it was her conscious decision to keep sexual relations. Prima facie at this stage, possibility of non-committal, consensual relationship cannot be denied," the judge said, while granting anticipatory bail to Rahul.

The HC said if Seema chooses to have the baby, she could adopt legal proceedings against Rahul to secure the child's rights.

(Names of the couple have been changed to protect identity)

Irish court allows abortion row pregnant brain-dead woman

Ireland's high court ruled doctors can withdraw life support for a clinically dead pregnant woman on Friday, in the latest case to trigger heated debate on the country's stringent abortion laws.

Despite requests from the woman's family for her to be allowed to die, doctors continued life support as the Irish constitution says a woman and her unborn child have an equal right to life.

The woman was 14 weeks pregnant when she was declared clinically dead on December 3 after suffering a brain injury. She has been on life support since but is "deteriorating rapidly", the court heard.

The case touched on a deeply divisive issue in Ireland, which has a controversial constitutional ban on abortion, with even the head of the Catholic Church in the country saying, "A woman isn't simply an incubator."

HC fumes at sycophants: Orders removal of statues, flexis from public spaces

Stating that sycophants are having a field day everywhere by erecting statues, massive cut-outs, flexis and banners of political leaders including prime ministers, chief ministers and ministers right in the middle of busy roads, parks and other public places much to the chagrin of the common man, the Hyderabad High Court on Friday directed both the Andhra Pradesh and Telangana governments to remove forthwith all such illegally installed structures in their respective states.

"We are sure even those dignitaries whose statues and photographs are paraded like this on the roads will surely find it embarrassing as those who erect such structures are doing so without taking permission from the concerned authorities," said the bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice Sanjay Kumar.

The bench was hearing a plea by Sudanagunta Muralikrishna, a resident of Prakasam district, who wanted the court to restrain the sarpanches of Mukthinuthalapadu and Throvagunta panchayats in the district from going ahead with their plan to 'construct a small platform for installing a statue' that will encroach into the 15 feet road connecting the villages of Mukthinuthalapadu and Gudimillapadu to the nearest national highway. Such structures come up only in an anarchic state and not in a democracy, the bench said.

Expressing disapproval over the tacit silence being displayed by the authorities, the bench told the advocates general of Telangana and AP: "It has become a rampant practice. Remove forthwith all statues, cut-outs, flexis, banners conveying birthday wishes and big panels. We want both the state governments to follow this order."

Former Waqf chairman gets 7-yr jail in rape case

Former chairman of Kota Waqf Board Hashru Pathan has been sentenced to seven-year imprisonment in a rape case of 2011.

A special court held Pathan guilty under IPC section 376 (rape) and 450 (trespassing) on Tuesday, additional public prosecutor Ritiesh Mewara said on Wednesday.

Judge Deepachand Joshi sentenced Pathan to seven-year imprisonment and also imposed a fine of Rs. 2,000, he said.

 Pathan was also sentenced to five-year jail term under Section 450 of the IPC and a fine of Rs. 1,000 was imposed on him, Mewara said.

Both the sentences will run simultaneously, he added.

Pathan, also a Congress leader, was arrested after a woman lodged a rape case against him at Mahaveernagar Police Station on September 24, 2011.

Pathan, who held the post of the chairman of Kota Waqf Board at the time of the incident, has been in jail since his arrest three years ago.

Flouting RTE could mean fine or school’s affiliation cancelled

Right To Education Act will finally get a toehold in Gujarat. After being pulled up by the Gujarat high court earlier this year, the Gujarat government recently cleared a government resolution (GR) that will make flouting RTE norms a "costly mistake" for school administrations across the state.

The GR, a copy of which is specifies that schools caught violating RTE will be penalized with a penalty of Rs 10,000 for the first mistake and Rs 25,000 for the next. Any school that caught flouting RTE norms five times will have their affiliation cancelled.

Schools found employing unqualified teachers will also be punished. This is the first time teaching standards in schools of Gujarat are being put under the scanner. A source in the state education department said: "At least 35% of schoolteachers in Gujarat do not conform to the educational qualification criteria. Now that the RTE will be enforced by district education officers (DEO) and district primary education officers (DPEO) cutting corners in academic standards will become very difficult."

The RTE Act specifies that 25% of the school's seats in standard I should be allotted to underprivileged children. Till date, schools flouted norms with impunity as the state government played silent witness.

Gujarat was lagging in RTE implementation till last year. In 2013, the state government claimed that 18,000 underprivileged children were granted admission to various schools but this was far below the stipulated 25% of seats reserved for RTE in standard I.

"Now if any CBSE, ICSE or other board schools are caught ignoring RTE, their NOC for operation will be cancelled by the state government and we shall also intimate the concerned board, recommending that the school's affiliation be cancelled," said a state education department official.

Top officials of the state government held a video conference with various DEOs and DPEOs for strict implementation of RTE. The education department officials in turn ascertained the number of seats in standard I at more than 15,000 private schools in Gujarat. "We now have a good idea how many seats need to be reserved for RTE by each school and we shall ensure that there is cent per cent adherence to the norms," said a DEO.

HC refuses to lift Uber ban

The Delhi high court on Wednesday refused to lift the ban on Uber cab services in NCR.

The high court, however, said Uber India Systems Private Ltd can approach the Delhi government’s transport department with its representation on December 29.

The court declined Uber’s request that it should be granted relief in parity with OLA cabs, which was on Tuesday allowed to operate in Delhi for the time being.

“It is not identical. Passengers pay to the taxi driver there and in your case the payments are accepted through other modes. We are not staying the order, but we would like them (the Delhi government) to hear you,” the HC said. It said the Uber India system shall provide necessary contact details on which the communication in this regard was to be sent.

Soon after the HC order, Uber in a press statement said it has “fully cooperated with the investigating authorities in providing all necessary details pertaining to the case.”

STATE OF PUNJAB & ORS. v. RAFIQ MASIH (WHITE WASHER) [2014] INSC 691 (18 December 2014)

"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.

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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.

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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.

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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] 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] 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] 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]

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 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:

"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] INSC 99; (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)

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 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;

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 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] INSC 99; , (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) 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 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] INSC 99;(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.

(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 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 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.

(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. 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:

(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.

14. The appeals are disposed of in the above terms.

.......................................J.

(Jagdish Singh Khehar) 

.......................................J.

(Arun Mishra) New Delhi;

December 18, 2014.

STATE OF U.P. & ORS. v. PARMANAND SHUKLA (D) THR. LRS [2014] INSC 692 (18 December 2014)

NON- REPORTABLE  

IN THE SUPREME COURT OF INDIA 

CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 11525 OF 2014 (Arising out of S.L.P.(c) No. 10968 of 2010)

State of U.P. & Ors. ....Appellant(s) 

Versus 

Parmanand Shukla (Dead) Thr. L.Rs. ....Respondents(s)

Abhay Manohar Sapre,J.

1. Leave granted

2. This civil appeal is filed by the State of U.P. against the judgment dated 31.07.2009 passed by Division Bench of the High Court of Judicature at Allahabad in Special Appeal No. 854 of 2009 which in turn arises out of judgment dated 24.01.2007 passed by the learned Single Judge in Civil Misc.

Writ Petition No. 2479 of 2001.

3. By impugned judgment, the Division Bench dismissed the intra Court appeal filed by the State and in consequence affirmed the order of the learned Single Judge who had partly allowed the writ petition filed by the original respondent herein, since dead, and now represented by his legal representatives as respondent nos. 1 to 9 to continue the lis which was the subject matter of the deceased's writ petition.

4. The facts of the case lie in a narrow compass so also the controversy, which has narrowed down to short issue on account of subsequent events occurring during the pendency of this appeal requiring no elaborate discussion to adjudicate any legal issue arising in this case.

5. A batch of writ petitions, one consisted of 48 persons (writ petitioners), other with less number of persons and some by individuals came to be filed against the State of UP and its Irrigation Department.

These writ petitions were filed with intervals. However, in all these writ petitions whether filed collectively or/and individually, the grievance raised therein was identical in nature so also the reliefs claimed by the writ petitioners against the State/Irrigation Department. It was also founded on identical facts and grounds.

6. In substance, the grievance of the writ petitioners (employees) against the State was that these writ petitioners were engaged by the State as daily waged muster roll employees by the Irrigation Department of Gandak Region to work in their various divisions way back in the year 1982 and onwards. They alleged that they continued to work till 1990 regularly when their services were disengaged resulting in filing of the writ petition (W.P. No. 45752/99) by these terminated employees for grant of appropriate relief against the State. The High Court came to their rescue and by order dated 21.03.2001 directed the State to dispose of the representations filed by the writ petitioners keeping in view the principle of last come first go. The State again discontinued their services in the year 2001 which again gave rise to the filing of the aforesaid batch of writ petitions by the terminated employees. One leading writ petition filed by 48 such employees was C.M.W.P.No 29545/2001 .

7. This writ petition was allowed by the learned Single Judge by order 17.01.2003 along with one more writ petition being C.M.W.P.No 29547/2001 in part wherein the High Court set aside the order dated 07.07.2001 passed by the Executive Engineer by which the services of the petitioners were terminated and accordingly directed the State to draw a list of the petitioners as well as of other employees alike them on the basis of their initial engagement in State service and then by offering them either daily wage employment or regular employment, if available and if needed by the concerned Divisions, in the State service. The State, felt aggrieved, filed S.A.No.737/2003 before the Division Bench. The Division Bench dismissed the appeal vide order dated 01.09.2004 and affirmed the directions issued by the learned Single Judge. The State pursued the matter to this Court by filing S.L.P. No.....CC342/2005 against the order of the Division Bench.

This Court by order dated 20.01.2005 dismissed the SLP.

8. So far as the original respondent of this appeal, namely, Mr.Parmanand Shukla was concerned, he filed his individual writ petition being W.P. No. 2479 of 2001 claiming therein the same reliefs, which were the subject matter of the aforesaid batch of writ petitions/writ appeals/SLPs.

According to him, he too was working like other writ petitioners as muster roll daily wage employee in the same Irrigation Department of State of U.P.

from 1986 till 2000 when his services were brought to an end along with others giving rise to filing of the writ petition challenging his termination order and for claiming regularization in the services.

9. However, the writ petition filed by the original respondent herein was not clubbed with the aforesaid batch and the same remained pending. It was, however, allowed by the learned Single Judge by order 24.01.2007 in the light of leading order passed by the Single Judge in W.P.No 29545/2001 on 17.01.2003 which was by that time allowed by the learned Single and upheld by the Division Bench and even by this Court by dismissing the State's special leave to appeal. In other words, the respondent's writ petition was allowed and he too was granted the same benefits, which were granted to all the writ petitioners in the aforementioned batch of writ petitions so as to maintain the parity and judicial consistency in passing similar orders in identical nature of writ petitions.

10. However, the State instead of giving benefit of the order of the High Court to respondent pursued the matter and filed intra court Appeal being S.A. No. 854/2009 in the High Court out of which this appeal arises. The Division Bench, by impugned order, dismissed the State's appeal and affirmed the order of the learned Single Judge. It is against the said order, the State has filed this appeal.

11. During the pendency of this appeal, the original respondent (writ petitioner) Parmanand Shukla left this world on 14.04.2013 leaving behind his wife, 5 unmarried daughters, one minor son, old father and mother. They were brought on record as his legal representatives as respondent Nos. 1-9 to contest this appeal.

12. On 30.06.2014, this Court observed that consequent upon the death of original respondent (Parmanand Shukla), the benefit of reinstatement order passed by the High Court in his favour was no longer available to him and hence the matter can be amicably settled by directing the appellant (State) to settle the whole claim to the limited extent of payment of 50% of whatever benefits for which the respondent would have been found entitled.

13. Accordingly, by orders dated 04.08.2014 and 25.8.2014, this Court granted time to the parties to furnish details as to the amounts that would be payable to the original respondent by way of services rendered by him and also his claim of back wages payable for the period between the date of his termination and death. The respondents have accordingly filed the details along with the affidavit dated 06.09.2014. So far as the appellant (State) is concerned, they have not filed any details nor filed any affidavit and has left the issue to be decided by this Court having regard to the totality of the circumstances.

14. We have heard the learned counsel for the parties and also perused the entire record of the case.

15. As mentioned above, this Court has already upheld the main order passed by the High Court on 01.09.2004 in S.A. No. 737/2003 which had arisen out of the order dated 17.01.2003 passed by the learned Single Judge in main W.P.No 29545/2001 when SLP No.....CC342/2005 filed by the State was dismissed by this Court on 20.01.2005 (Annexure-R-1). It was not disputed that the present case though came to be decided later in point of time, but it was identical in nature with the cases which were the subject matter of SLP No.....CC342/2005 and hence the case in hand was rightly disposed of by the learned Single Judge and then by the Division Bench by placing reliance on the said judgments passed in identical cases by the High Court. In other words, the original respondent of this case was also entitled to claim the same benefits, which were granted to other similarly situated employees like him by the High Court. Since the original respondent, in the meantime, died and was deprived of the benefit of enjoying the relief of reinstatement in State services along with other similarly situated employees, he was at least entitled to be compensated by paying money compensation to enable his large family to survive due to his untimely death. At least, in our view, his claim to this extent survived.

16. As observed supra, since this Court has already dismissed the State's SLP arising out of the main case on which the impugned order in question is founded and hence, we are not inclined to entertain any legal submission again though urged by the learned counsel for the appellant and nor in our view, there arises any scope for the appellant to again press any legal submission in this appeal and revive the controversy which has otherwise attained finality.

17. Coming to the question as to what relief the respondents are now entitled to get in this appeal in the light of subsequent events, which occurred during the pendency of this appeal i.e., death of Parmanand Shukla (original respondent), we are of the view that the respondents are only entitled to receive money compensation from the appellant (State) in lieu of the deceased's right to claim reinstatement in service and also his right to receive any claim of back wages, if any. Indeed on this question, the appellant did not join any issue seriously. We have, accordingly, examined the case for grant of this relief.

18. Keeping in view the statement of details of payment of monthly salary filed by the respondents-Legal Representatives coupled with other material factors to enable this Court to work out a reasonable amount of compensation payable to the original respondent such as - the length of the service of the deceased, his age, total length of service rendered, rates of daily wages payable to muster roll employees in State of UP from time to time in the last three decades, and lastly large number of surviving dependents (8) in the family, we are of the considered opinion that the interest of justice would demand that the respondents are to be paid in lump sum a total sum of Rs. 10 Lacs (Rs. Ten Lacs) by the appellant-State in full and final settlement of all the claims arising out of this litigation relating to the service of the original respondent- Parmanand Shukla.

19. Let the amount of Rs. 10 Lacs (Rs. Ten Lacs) be paid to the respondent - Smt Kiran Devi - wife of the deceased Parmanand Shukla by the appellant (State of UP) within three months by account payee cheque/DD.

20. With these directions, the appeal stands disposed of.

.........................................................J.

[FAKKIR MOHAMED IBRAHIM KALIFULLA] 

.......................................J.

[ABHAY MANOHAR SAPRE] New Delhi;