Case Note & Summary
The Supreme Court dealt with two miscellaneous applications arising from its earlier judgment dated 05.02.2019 in Civil Appeal No. 1474/2019 and related matters. The first application, M.A. No. 712/2019, was filed by the Ministry of Home Affairs, Union of India, seeking modification of the judgment to correct a typographical error in paragraph 26, where the reference to SLP 12393/2013 was to be read as SLP 35548-35554 of 2015, and the mention of 'RPF' was to be read as 'CAPFs' under the Ministry of Home Affairs. The Court allowed this modification after hearing the parties. The second application, M.A. No. 774/2019, was filed by the Indian Police Service Central Association seeking clarification that the judgment did not impact the deputation rights of IPS officers in CAPFs under the recruitment rules. The Court noted that the main controversy was only about granting Organised Group 'A' Central Services to RPF and CAPFs, and no issue regarding IPS officers' deputation rights was raised or decided. The Court observed that paragraph 26 of the judgment already stated that the rights of IPS officers for deputation were not affected. Therefore, no further clarification was required, and the application was disposed of with the observation that the judgment pertains only to the grant of Organised Group 'A' Central Services. All other interlocutory applications were also disposed of.
Headnote
A) Civil Procedure - Modification of Judgment - Correction of Clerical Error - The Supreme Court allowed modification of its order dated 05.02.2019 to correct the reference to SLP 12393/2013 to SLP 35548-35554 of 2015 and to replace 'RPF' with 'CAPFs' as prayed by the Ministry of Home Affairs. (Paras 1-3) B) Service Law - Organised Group 'A' Central Services - Deputation Rights of IPS Officers - The Court clarified that its judgment dated 05.02.2019 did not address the rights of IPS officers for deputation in CAPFs, and the grant of Organised Group 'A' Central Services to CAPFs does not affect such rights. The application for clarification was disposed of with the observation that no further clarification is required. (Paras 2-3)
Issue of Consideration
Whether the judgment dated 05.02.2019 requires modification to correct a reference to SLP number and to replace 'RPF' with 'CAPFs'; and whether clarification is needed regarding the impact of the judgment on IPS officers' deputation rights in CAPFs.
Final Decision
M.A. No. 712/2019 is allowed, and necessary corrections to the judgment dated 05.02.2019 are to be made as prayed. M.A. No. 774/2019 is disposed of with the observation that no further clarification is required, as the judgment already states that IPS officers' deputation rights are not affected. All other interlocutory applications are also disposed of.
Law Points
- Modification of judgment
- Clarification of judgment
- Organised Group 'A' Central Services
- Deputation rights of IPS officers
- CAPFs
- RPF
