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1989 Supreme(SC) 153

T.K.THOMMEN, M.M.DUTT
Union Of India: Stanlay Constantine – Appellant
Versus
N. S. Sakhawat: J. S. Virk – Respondent


Advocates:
ASHOK MAHAJAN, C.S.VAIDYANATHAN, C.V.SUBBA RAO, F.S.NARIMAN, G.D.GUPTA, GOPAL SUBRAMANIUM, K.K.VENUGOPAL, K.PARASARAN ATTORNEY, P.P.Rao, S.R.Bhatt, S.R.Setia, S.RAVINDER BHAT

JUDGMENT

DUTT, J. :— Special leave granted in all these matters. Heard learned Counsel for the parties.

2. The dispute between the direct recruits and the Emergency Commissioned Officers (ECOs) in the Central Reserve Police Force (CRPF) over the question of seniority has been going on for a long time. The Delhi High Court has, ultimately, held in favour of the ECOs and by the impugned judgment, the High Court has directed the implementation of its decision regarding seniority and grant of consequential benefits to the ECOs.

3. As per the judgment of the High Court, the 37 direct recruits, who are now holding the posts of Commandants, that is to say, 22 as Commandants (Selection Grade) and 15 as Commandants (Non-Selection Grade), by virtue of the upgradation of 88 posts of Commandants (Non-Selection Grade), will have to be reverted. The direct recruits feel aggrieved by the impugned judgment of the High Court and it is contended on their behalf that as they were not parties in the contempt proceedings in which the impugned judgment of the High Court has been passed, it is not binding on them, and that the matter should be remanded to the High Court so as to give them an opportunity of















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