Ritik Gupta
“Government is fully responsible for burdening this court. It takes everything to this court irrespective of the merits of the matter. And we have to then examine everything whether or not it has any merit,” said the bench.
The government is “fully responsible” for inconveniencing this court, a bench of Supreme Court judges asserted on Friday while listening to an intervention sought in relation with cases on seniority and publicity.
The Apex court bench, headed by Justice Sanjay K Kaul, asserted dissatisfaction at multiple pleas filed in an appeal against job-related advantages to assisting or retired government workers.
The Union of India was in appeal before the Supreme Court in two such cases where it was aggrieved by the decrees of the high courts. In both cases, the central administrative tribunal (CAT) had judged siding with the employees.
In the first issue, the government’s case was contended by additional solicitor general Madhvi Divan for the ministry of defence. This was an appeal against a decision from the Kerala high court, which asserted advantages of wage up-gradation and seniority in favour of an ex-serviceman, who was presently functioning in a civil office in the navy. As soon as the matter was turned to, the bench, which also encompassed justices Dinesh Maheshwari and Hrishikesh Roy, offered its reluctance to fascinate the issue.
“How many such cases will the government bring before the court? Such a matter, we think, is coming for the third time before us. Will it ever end?” it questioned Divan.
As Divan pursued to mollify the bench by giving prominence to the aftermath of the high court ruling of November 2019 in numerous other lawsuits, the court notified the law officer that this justification was not adequate.
“Government is fully responsible for burdening this court. It takes everything to this court irrespective of the merits of the matter. And we have to then examine everything whether or not it has any merit,” said the bench.
The judges then inquired of Divan: “Here is an officer, who has served you for more than 10 years in the army. Now, he is serving you in another wing, the navy. But you drag him till this court on certain benefits. Why would you do this?”
A little while later, another plea by the government presented itself, signified by additional solicitor general Jayant Sid. This case related to conferring the benefit of seniority to a customs official, as had been authorized by the Punjab and Haryana high court.
Before Sud could even start up, the bench was resented: “What is this now? Mr Sud, there must be an end to the litigation too. It just cannot go on and on.”
