Allahabad High Court
Union Of India Thru G.M. Northern ... vs Mannu Lal And Another on 5 July, 2017
Bench: Sudhir Agarwal, Ravindra Nath Mishra-Ii
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Court No. - 3
Case :- SERVICE BENCH No. - 12746 of 2016
Petitioner :- Union Of India Through General Manager Northern Railway New Delhi & others.
Respondent :- Mannu Lal And Another
Counsel for Petitioner :- Pankaj Srivastava
Hon'ble Sudhir Agarwal,J.
Hon'ble Ravindra Nath Mishra-II,J.
1. Heard Sri Ashit Kumar Chaturvedi, Senior Advocate assisted by Sri Pankaj Srivastava, Advocate.
2. This writ petition is directed against judgment and order dated 30.10.2015 passed by Central Administrative Tribunal, Lucknow Bench, Lucknow (hereinafter referred to as " Tribunal") in Original Application No. 332/00464/2015. Against this judgment, applicants-respondents Mannu Lal and Manoj Kumar as well as Union of India, both, filed two separate writ petitions.
3. The writ petition of Munna Lal and Manoj Kumar i.e Service Bench No. 1966 of 2015 came up before this Court on 05.12.2016 and it has been decided by passing the following order:-
"Heard Sri D.K.Srivastava, learned Counsel for the petitioner as well as Sri Prashant Kr. Srivastava, learned Counsel for the respondents.
It is being informed that in identical matters, one of them being Writ Petition No.- 1947 (SB) of 2015, following orders had been passed:-
"Heard learned counsel for the parties.
This petition has been filed challenging the order dated 29.05.2015 passed by the Central Administrative Tribunal, Lucknow.
Sri Asit Kumar Chaturvedi, learned Senior Advocate assisted by Sri Pankaj Srivastava, appearing for the Railways, submits that the judgment of the principal Bench has been set aside by the Delhi High Court in Writ Petition (Civil) No.9353 of 2015: Kishan Lal Saini and another vs. Union of India and others , vide order dated 11.12.2015. He has placed reliance upon the aforesaid judgment passed by the Delhi High Court.
The Delhi High Court while adjudicating the matter has only remanded the matter to the Tribunal to decide the case afresh on merit. The judgment of the Delhi High Court has not been challenged before the apex court and the same has attained finality.
In view of the fact that the Delhi High Court itself has remanded the matter to the Tribunal for deciding the same afresh on merit, we also dispose of the writ petition in the same terms and set aside the order dated 29.05.2015 passed by the Tribunal. The matter is remanded to the Tribunal for deciding the same afresh in accordance with law, keeping in mind the principles laid down by the Delhi High Court in the aforesaid judgment."
We have gone through the orders and by the consent of both the learned Counsel for the parties, we provide a similar order, which would be passed in this matter.
Ordered accordingly"
4. The present writ petition has been filed by Union of India. Since same judgment has already been set aside by Court and matter has been remanded to Tribunal, we decide this writ petition also in the same terms as provided in judgment dated 05.12.2016 passed in Writ Petition No. 1966 (SB) of 2015 (supra).
5. This writ petition stands disposed of accordingly.
Order Date :- 5.7.2017
Pachhere/-
