SUPREME COURT OF INDIA

Before:- A.P. Misra and R.P. Sethi, JJ.

Civil Appeal No. 1371 of 1986. D/d. 13.4.1999.

Union of India - Petitioner

Versus

Shri S.C. Kacktwana & Ors - Respondent

Constitution of India, Article 136 - Civil Procedure Code, 1908, Order 22 Rule 2 - Delay and laches - Effect of - Government servants - Service dispute - Death of employees concerned - Failure on the part of UOI to bring L.Rs. of deceased on record - Even the correct address of the respondent not furnished in spite of grant of time - Matter very old - Appeals against all the respondents dismissed - No interference called for in the findings recorded by the CAT conferring benefit to the respondents - Directions issued that any arrears payable to the respondents as per the order of CAT shall be paid without interest.

[Para 2]

JUDGMENT

1. As per Office Report the appellant Union of India has not yet brought the legal representatives of the deceased respondent Nos. 2, 7 16 and 21 in Civil Appeal No. 1371 of 1987 except the name of the respondent No. 4 has been corrected. So far Civil Appeal No. 1708 of 1988 even the correct addresses of respondent Nos. 3, 4, 7, 20, 23, 25, 26 and 27 have yet not been furnished and hence service is not complete in spire of time granted to the appellant. This is a very old case. We do not find any justifiable reasons for not furnishing their addresses and bring on record the L.Rs. of the concerned respondents, thus not complying the Office Report. Accordingly, the appeals against all these respondents are dismissed.

2. We have heard and perused the impugned judgment of the C.A.T. and the fact, most of the respondents have already retired, and further we do not find any justifiable reasons to interfere with the findings recorded by the C.A.T. conferring benefit to the respondents. This is not a fit case to exercise our discretion in this record. Thus we dismiss these appeals. However, we make it clear that we are not adjudicating any question of law arising out of this decision and leave the question open. In case any law has been declared in any other case without prejudice of the right if any of the appellant, the decision of this case would not come in its way but so far right of respondents it shall not be disturbed. Any arrears payable to the respondents in pursuance to the judgment of the C.A.T. shall be paid to them, if not already paid, but without interest.

3. With these observations the appeals stand disposed of. No costs.

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