SUPREME COURT OF INDIA

Before:- K. Venkataswami and M. Jagannadha Rao, JJ.

Civil Appeals Nos. 82-83 of 1999 (aris-ing out of S.L.P. (C) Nos. 14290-14291 of 1998). D/d. 11.1.1999.

Rambabu and others - Appellants

Versus

Secy, to Govt. Fin. and Planning Deptt. and others - Respondents

Constitution of India, Article 133 - Precedent - Regularisation - Order of Single Judge in conformity with the order passed by Supreme Court except for a small clarification - Division Bench not justified in interfering the same - Order of Single judge upheld subject to modification stated.

[Paras 3 and 4]

JUDGMENT

Leave granted.

2. Heard counsel on both sides. It is argued by the learned senior counsel for the appellants that in the light of an order passed by this Court in SLP (Civ) Nos. 27275, 27277 of 1995 dated 6-2-1998. (reported in 1999 Lab IC 623), the order under appeal remanding the matter to the learned single Judge cannot be sustained.

3. It is further brought to our notice that the order of the learned single Judge of the High Court was in conformity with the order passed by this Court on 6-2-1998 except for a small clarification. This is not disputed by the learned counsel appearing for the respondents.

4. In the circumstances, we set aside the order under appeal and while upholding the order of the learned single Judge make it clear that the other conditions laid down in G. O. Ms. No. 212 dated 22-4-1994 will have to be satisfied for the purposes of regularisation. Subject to this modification, the order of the learned single Judge stands and the order of the Division Bench is set aside. The appeals are disposed of accordingly.

Order accordingly.