CONFEDERATION OF EX-SERVICEMEN ASSNS. v. UNION OF INDIA
2005-07-20
C.K.THAKKER, G.P.MATHUR, R.C.LAHOTI
body2005
DigiLaw.ai
ORDER 1. THE REFERENCE ORDER IS BY A BENCH OF TWO LEARNED JUDGES OF THIS COURT EXPRESSING DOUBTS ABOUT THE CORRECTNESS OF THE VIEW TAKEN IN CONSUMER EDUCATION & RESEARCH CENTRE V. UNION OF INDIA1 WHICH IS A DECISION BY A BENCH OF THREE LEARNED JUDGES. ACCORDING TO THE VIEW TAKEN BY THE CONSTITUTION BENCH IN PRADIP CHANDRA PARIJA V. PRAMOD CHANDRA PATNAIK2 THE MATTER SHALL HAVE TO BE HEARD FIRST BY A BENCH OF THREE JUDGES. 2. LET THIS MATTER BE SET DOWN FOR HEARING BEFORE A BENCH OF THREE JUDGES. 3. IA NO.1 SEEKING IMPLEADMENT IS ALLOWED LIMITED TO THE EXTENT THAT THE INTERVENOR SHALL HAVE THE LIBERTY OF ADDRESSING THE COURT ON SUCH POINTS AS ARE NOT ALREADY COVERED BY THE SUBMISSIONS MADE BY THE LEARNED COUNSEL FOR THE PETITIONER. 4. THE PARTIES SHALL FILE A BRIEF SYNOPSIS OF SUBMISSIONS SETTING OUT (I) A BRIEF RELEVANT FACTS; (II) THE RELEVANT STATUTORY REFERENCES; AND (III) LIST OF THE AUTHORITIES RELIED ON, WITHIN A PERIOD OF THREE WEEKS. 5. IT IS POINTED OUT AT THE BAR ON BEHALF OF THE PETITIONER AND THE INTERVENOR THAT DURING THE PENDENCY OF THIS WRIT PETITION THE GOVERNMENT OF INDIA HAS INTRODUCED A SCHEME KNOWN AS "EX-SERVICEMEN HEALTH CONTRIBUTORY SCHEME" WHICH PARTLY TAKES CARE OF THE GRIEVANCES RAISED BY THE PETITIONER AND THE INTERVENOR. THE LEARNED SENIOR COUNSEL FOR THE RESPONDENT PROPOSES TO FILE THE SCHEME ON THE RECORD OF THE COURT WITHIN FOUR WEEKS. IN THE MEANTIME, THE PETITIONER AND THE INTERVENOR MAY ALSO MAKE REPRESENTATIONS TO THE CENTRAL GOVERNMENT, UNDER COPY TO THE RESPONDENTS COUNSEL, FOR CONSIDERING THEIR DEMANDS AND SUITABLY MODIFYING THE SCHEME IN THE LIGHT OF THE REPRESENTATIONS MADE. 6. LIST FOR HEARING AFTER EIGHT WEEKS. COURT MASTERS