ITEM NO.22 COURT NO.8 SECTION XII
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 15917/2022
(Arising out of impugned final judgment and order dated 11-02-2022 in WA No. 212/2022 passed by the High Court of Judicature at Madras)
THE SECRETARY TO GOVERNMENT & ANR. Petitioner(s)
P.G. VENUGOPAL Respondent(s)
(IA No. 111375/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Date: 19-09-2022 These matters were called on for hearing today.
CORAM: HON’BLE MR. JUSTICE M.R. SHAH, HON’BLE MR. JUSTICE KRISHNA MURARI
For Petitioner(s) Mr. V. Krishna Murthy, AAG
Mr. D.kumanan, AOR
Mr. Sheikh F. Kalia, Adv.
UPON hearing the counsel, the Court made the following
At the outset, it is required to be noted that as such the State ought not to have filed the present Special Leave Petition. Despite the fact that the issue with respect to entitlement of pension by the respondent was concluded up to this Court, still thereafter, the State had an audacity to contend that the respondent was not entitled to pension.
Once the issue was concluded up to this court that the respondent is entitled to pension, thereafter, it was not open for the State to again contend post 2009 when the arrears were to be paid that the respondent is not entitled to pension. The aforesaid stand is just in teeth of order passed by this Court. In that view of the matter, there is no substance in the present Special Leave Petition, the same deserves to be dismissed and is accordingly dismissed with an exemplary cost, which is quantified at Rs. 5,00,000/-.
The cost of Rs. 5,00,000/-, to be deposited by the State within a period of four weeks from today with the Registry of this Court and on such deposit, the same be transferred to the Mediation and Conciliation Project Committee (MCPC), Supreme Court of India
We have imposed the cost in the present matter to send a message to the concerned stakeholders that to file such frivolous litigation in the Courts and wasting the Court’s time would entail such consequences.
Pending applications shall stand disposed of.
(NEETU SACHDEVA) (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR