C B GAUTAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Union of India has moved this application for certain clarifications and directions with a view to. obviating certain difficulties that it envisages in applying the principles laid down in the main judgment dated 17-1 l-l992* by the Constitution Bench to cases other than the case of the particular petitioner in that case. We have heard learned Solicitor General in support of this application.

(2.) Our attention was drawn to two aspects : one in relation to the large number of similar petitions yet pending before this Court and the various High Courts where, in view of the subsisting orders of stay operating therein, it would not be possible immediately to take steps and implement the directions contained in the judgment within the time-frame stipulated therein. The second aspect relates to pending matters before the authorities, which, though not pending before courts, do not also admit of application of the principles consistent with the statutory limit. After hearing the learned Solicitor General, we are satisfied that the problems and difficulties envisaged, in practical terms, are real and require to be provided for.

(3.) The first aspect arises out of the limited retrospectivity imported by the judgment. The judgment provides that: