Let us stay positive and productive, of course with Corona protective measures. 🙏🏻 [4/6, 11:48] Sekarreporter 1: 🌹🌹

[4/6, 09:22] Chanduru Adv: There was a case regarding increments being given for training period.. It was filed in 1994 and argued in Central Administrative Tribunal. The case was allowed in 1997.. The writ petition was argued before three different Division Benches and finally the DB of Mr.Justice Dharma Rao and Ms.Justice Suguna had confirmed the same by a detailed order in 2008. The matter was taken on appeal. Earlier, notice was issued by a different Bench. Subsequently the Bench changed.. The hearing was just before Dusshera vacation.. the Bench which heard the Government side and my arguments was convinced that the SLP was without merits and made the said observation… Noting the Court’s views, the Central Government counsel sought time.. The Presiding Judge (one of our former CJ) however adjourned saying that they had a practice in Allahabad not to dismiss cases when people go for celebrations and that I can come next time to get the result.. The Judge appreciated my arguments and also enquired about my senior Mr. Prasad… He was happy to note that I carried a diary of case laws… It was at that time, Mr. M.N. Krishnamani, Senior Advocate who witnessed my arguments in Court, appreciated me and said that it was good that I was noticed by the Supreme Court.. I went with hope for the next hearing.. Initially, they took a pass over.. When the matter was taken up later, the AGI, with a battery of seven lawyers, appeared. He just addressed that the decision was erroneous and the Courts had given it wrongly.. No reference to any pages nor grounds.. not even the impugned order.. (less than two minutes) That’s it. The very same quorum started to dictate orders… I reminded the Bench about the observation in the previous hearing… nothing could change it and order was dictated without hearing my side… when I kept on arguing on merits by referring to the Annexures, the Court officer was asked to call the next case…. I was shocked… A case which was to be dismissed on earlier occasion, got allowed in few minutes.. it is more than 12 years now.. But the scar remains. I had no answer to my clients who were informed during earlier hearing that the case will be won.. What to say. I think that a Junior must be able to argue confidently even against an AGI without fear…That can happen only by affording a hearing.. without fear or favour, friendship or ill-will……
But, interestingly, such a hearing happened on a positive note to me in 2015 before Mr. Justice Dipak Misra in Court 5.. when I argued against Mr. Mukul Rohatgi, AGI. The Bench heard the AGI and asked whether I was ready, I said .. yes. They posed questions to me … When the relevant pages were shown and the points were explained, the Court noted just the points and the order under appeal… After fifteen minutes of hearing, the Court agreed with me and dismissed the appeal… I walked out happily.. So, it’s the Hon’ble Court which ultimately decides to “hear and decide” or “just decide.” When the second methodology is adopted, the lawyer feels ditched… but nevertheless take it in their stride… Thanks to NAVJ. His Article made me to recap some interesting experiences in Court and place it to all… Let us stay positive and productive, of course with Corona protective measures. 🙏🏻
[4/6, 11:48] Sekarreporter 1: 🌹🌹

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