In both these matters, arguments were concluded and the judgment was reserved as reflected in order dated 18th January, 2012.
During the course of preparing the judgment, while dealing with one of the arguments of the petitioner, based on the judgment of Hon'ble Supreme Court of India in the case of Union of India v/s. K.V.Jankiraman reported in AIR 1991 SC 2010, it became necessary to take judicial cognizance of the policy of the Government as contained in Government Resolution dated 4th August, 2007, which is stated to have been issued keeping in view the ratio laid down by the Hon'ble Supreme Court of India, in case of K.V.Jankiraman (supra). Since the said policy of Government is in the form of Government Resolution, judicial cognizance could have been taken by the Court, though, it is not put to the notice of the Court by any of the parties. However, fairness demands that no party should be taken by surprise on this point.
Under these circumstances, the matters were notified today and Government Resolution dated 4th August, 2007 is taken on record with the consent of learned advocates appearing for both the sides.
(PARESH UPADHYAY, J.) (ashish) Top