1. Applications seeking modification of a previous order regarding case numbering and terminology, and clarification on deputation rights following the grant of Organised Group ‘A’ Central Services. (Para 1 )
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2019 Supreme(SC) 1160
SUPREME COURT OF INDIA
ROHINTON FALI NARIMAN, M.R. SHAH, JJ.
Union of India and Others – Appellants
Versus
Sri Harananda and Others – Respondents
M.A. No. 712, 774 of 2019, Civil Appeal No. 1474 of 2019, S.L.P.....CC No. 5738 of 2016
Decided On : 18-10-2019
Important Points
The Court clarified that granting Organised Group ‘A’ Central Services status to Central Armed Police Forces (CAPFs) does not affect the rights of Indian Police Service (IPS) officers for appointment on deputation, as the original judgment focused solely on the grant of such status to CAPFs.
Subject
Civil Appeal - Miscellaneous Application
Headnote
M.A. No. 712 of 2019
Administration of justice - Modification of order - SLP number wrongly mentioned in order dated 05.02.2019 in Civil Appeal No. 1474 of 2019 modified. (Para 2)
M.A. No. 774/2019
Administration of justice - Clarification - The issue concerning prayer seeking clarification was not before the Court in the decision under reference - Hence question of clarification does not arise. (Para 3)
Legal Category Hierarchy
Advocates Appeared:
For the Petitioner(s):Supriya Juneja, Sudhanshu S. Pandey, Gaichangpou Gangmei, R. Balasubramaniam, Syed S. Hussain Rizvi, Binu Tamta, B.V. Balaram Das, Advocates
For the Respondent(s):Vaibhav Joshi, Advocates
For the Petitioner(s):Supriya Juneja, Sudhanshu S. Pandey, Gaichangpou Gangmei, R. Balasubramaniam, Syed S. Hussain Rizvi, Binu Tamta, B.V. Balaram Das, Advocates
For the Respondent(s):Vaibhav Joshi, Advocates
Table of Contents
2. Requests for correction of clerical errors in a judgment and clarification that deputation rights of officers remain unaffected by the grant of Organised Group ‘A’ Central Services. (Para 1 )
3. The court observed that the original controversy concerned service status and the previous judgment already clarified that deputation rights were not adversely affected. (Para 3 )
4. A judgment granting Organised Group ‘A’ Central Services status does not affect existing deputation rights if such rights were not the subject of the litigation. (Para 3 )
5. Application for modification allowed; application for clarification disposed of as the previous judgment already addressed the issue. (Para 3 )
6. Does the grant of Organised Group ‘A’ Central Services to CAPFs affect the deputation rights of IPS officers?
No, the court held that granting Organised Group ‘A’ Central Services to the CAPFs does not affect the rights of IPS officers for their appointment on deputation to certain posts. (Para 3 )
7. Can a party seek clarification on an issue that was not part of the original controversy before the court?
No, if the controversy was not before the court and no observations were made on the specific issue in the judgment, there is no basis for seeking clarification. (Para 3 )
8. Under what circumstances will a court modify a previous order for clerical corrections?
A court may allow the modification of an order to correct clerical errors, such as incorrect case numbers or terminology, to ensure the record is accurate. (Para 1 , 2 )
ORDER :
M.R. SHAH, J.
M.A. No. 712/2019 In Civil Appeal No. 1474/2019
1. 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:
“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 No. 12393/2013 as reflected in the third line from top of para 26 shall be read after correction as SLP 35548-35554 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
1. 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 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 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.
