JUDGMENT :

Dipak Misra, J.

A two-Judge Bench of this Court in Lilawati Agarwal (Dead) By Lrs. and Others vs. State of Jharkhand, (2008 15 SCC 464 after referring to the paragraphs 31 and 34 of the pronouncement in Union of India and Another vs. Raghubir Singh (Dead) By Lrs. Etc., (1989) 2 SCC 754 expressed doubt with regard to the correctness of the decision in K.S. Paripoornan (II) vs. State of Kerala and Others, (1995) 1 SCC 367 and eventually expressed thus:-

“In Raghubir Singh case two terminus points were fixed i.e. award by the Collector or decision of the Reference Court must have been taken between 3-4-1982 and 24-9-1984. It has been clearly stated in the last line of para 34 that every case “must” have been decided between the aforesaid terminus. In Paripoornan II case at para 4 it was observed that restrictive interpretation should not be given. With great respect we are unable to subscribe to the view. As a matter of fact a three-Judge Bench was trying to give an interpretation different from what was specifically given by the Constitution Bench.

Therefore, we think it appropriate to refer the matter to a larger Bench to consider correctness of the view expressed in para 4