Union Of India And 4 Other vs Ram Hankar Singh And 3 Others
2022 Latest Caselaw 1507 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 
Case :- WRIT - A No. - 7742 of 2018
 
Petitioner :- Union Of India And 4 Other
 
Respondent :- Ram Hankar Singh And 3 Others
 
Counsel for Petitioner :- Devi Shanker Shukla
 
Counsel for Respondent :- Babu Nandan Singh
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the petitioner and Sri Babu Nandan Singh, learned counsel for opposite party no.1.

Admittedly, the petitioner is a pensioner and was governed under the same very Rules under which the applicants in the Full Bench judgment rendered by Central Administrative Tribunal, Principal Bench, Delhi were governed. The position as to the similarity of case between the parties has enabled the learned Tribunal to extend the benefit of parity of the Full Bench judgment rendered in a bunch of OAs leading case being O.A. No.655 of 2010 to the present case as well. In the present case i.e. O.A. No.330/01536/2014, Ram Hankar Singh and others Vs. Union of India and others was decided on the basis of same very reasoning as was assigned in the Full Bench judgment of the CAT mentioned above.

Learned counsel for Union of India has not been able to distinguish the aspect of parity as has been granted to opposite party no.1 in the present case. Therefore, challenge to the impugned judgment for the benefit allowed does not call for any interference in exercise of writ jurisdiction under Article 226 of the Constitution of India. Additionally it is for the reason that the judgment rendered by the Central Administrative Tribunal, Principal Bench, Delhi in the aforementioned bunch of OAs has been affirmed by Delhi High Court as well as by the Hon'ble Supreme Court as was mentioned in the representation filed by opposite party no.2. The rejection of the representation filed by opposite party no.2 without adverting to this vital aspect of the matter despite a previous direction issued in his favour gave rise to the grievance and the order so passed was set aside by the Tribunal.

Once the question of parity has attained finality between the parties, we see no reason to interfere with the impugned order passed by the learned Tribunal in the present case.

The writ petition bereft of any merit is, accordingly, rejected.

Order Date :- 26.4.2022

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