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2018 DIGILAW 805 (SC)

PRABHAT RANJAN SINGH v. R. K. KUSHWAHA

2018-05-03

DEEPAK GUPTA, MADAN B.LOKUR

body2018
ORDER : SLP(C) No.22444/2017 1. We have been informed by learned counsel for the parties that a writ petition has been filed on more or less the same issue in the Patna High Court being Civil Writ Jurisdiction Case No.6489 of 2018 (R.K. Kushwaha v. The Union of India and Ors.). 2. The decision in this special leave petition will have a bearing on the writ petition which is pending in the Patna High Court. 3. It appears to us that there are some serious disputes on issues of law which need final adjudication. In this view of the matter, we are of opinion that it will be appropriate if the writ petition pending in the Patna High Court is transferred to this Court for final hearing and tagged with SLP(C) No.22444 of 2017. we order accordingly. 4. We are passing the above order ex parte since we have been informed that there are no private respondents in the writ petition filed in the Patna High Court. 5. Mr. Maninder Singh, learned Additional Solicitor General has taken note of the order of transfer passed by us today. 6. For complete resolution of the dispute we implead the East Central Railway Promotee Officers Association, East Central Railway at Hajipur through Mr. Prabhat Ranjan Singh, General Secretary as Respondent No.5 in the writ petition pending in the Patna High Court (now transferred). 7. We have been informed by learned counsel for the parties that no counter affidavits, etc. have been filed in the Patna High Court. The parties are at liberty to file the pleadings in this Court since the writ petition is being transferred to this Court. 8. List the matter in the month of August, 2018 on a non-miscellaneous day. 9. The interim order passed by us on 15th December, 2017 to the effect that for the time being regular promotions made prior to 12.07.2016 will not be affected will continue. The consequence of this is for the respondents to decide. SLP(C) No. 4144/2018, CONMT.PET.(C) No. 717/2018 in SLP(C) No. 22444/2017, CONMT.PET.(C) No. 732/2018 in SLP(C) No. 22444/2017 10. The matters are adjourned and will be taken up with SLP(C) No.22444 of 2017.