Legal Question in Appeals and Writs in India

Sir,

I am working in the Department of Income Tax, Kanpur. Four persons of our department filed a writ petition challanging the seniority list for promotion in Allahabad High Court. The case was hear and the judgement was reserved on 5th May, 2009. The judgement has not been pronounced till date.

Now at least 300 persons from Western UP and Uttaranchal are awaiting the judgement because their promotions are involved. There is a status quo order by the HC.

Now we want to know

1. Whether this judgement can be held reserved for unlimited period ? Is there any remedy for early pronouncement of the judgement ?

2. If one of the judges retires meanwhile what will be the fate ?

3. This is two judges service bench. If there is difference of opinion between the judges can the judge refer the case to the Chief Justice without pronouncing the judgement?

4. Many people have retired from service and many are to retire soon ? What can they do for the judgment ?

regards

sushil dixit


Asked on 8/07/09, 1:51 pm

4 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Mr. Dixit

the people who have retired would also reap the benefits of the judgment as the orders would be pronounced keeping in mind the time factor. secondly, the judgment cannot be reserved for unlimited period but can be pronounced earlier if an application is made. thirdly, yes, the judges can refer the matter to chief justice in case there is a dissenting opinion of one of the judges. in case one of judges retire, the judgment would be pronounced by another judge.

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Answered on 8/07/09, 1:56 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

It may be better for you to wait for the judgement. In the event of inordinate delay, the matter may be posted for re-hearing.

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Answered on 8/07/09, 4:02 pm
Amitabha Gupta

I m giving u a link wherein u ll find a judgment of supreme court on the issue of delay in delivering judgment and the remedy lying to the parties "http://indiankanoon.org/doc/1517737/".

# retired persons ll also be governed by the judgment if they ve been retired after filing the of the case.

# in case of difference of opinion the Chief Justice may constitute a larger bench who after giving an opportunity to address to the concerned parties ll deliver the judgment.

If any doubt remains feel free to contact me on [email protected]

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Answered on 8/09/09, 1:14 am
Seshadri Srinivasan www.lawconcern.com

Though public interest is involved, that cannot mean that this query can be put as a General Forum question because the matter is sub-judice. You must consult your lawyer on record for these questions as he will know why the judgment is not pronounced ( if that is really the case) or to take further steps.

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Answered on 10/11/09, 11:53 pm


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