Citation : 2023 Latest Caselaw 34832 ALL
Judgement Date : 12 December, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:81672-DB Court No. - 1 Case :- WRIT - A No. - 6873 of 2022 Petitioner :- Union Of India Thru. The Joint Secy. And Cao Ministry Of Defence , Govt. Of India New Delhi And Ors Respondent :- Ram Krishna Counsel for Petitioner :- Deepanshu Dass,Anand Kumar,Praveen Kumar,Saroj Kumar Verma,Sudhanshu Srivastava Counsel for Respondent :- Praveen Kumar,Saroj Kumar Verma,Sudhanshu Srivastava Hon'ble Attau Rahman Masoodi,J.
Hon'ble Om Prakash Shukla,J.
1. Heard Shri S.B. Pandey, learned Senior Advocate and Deputy Solicitor General of India assisted by Shri Deepanshu Dass, learned counsel for the petitioners- Union of India and learned counsel for the respondent.
2. By means of the instant writ petition, the petitioners has sought the following reliefs:-
"I. To issue a writ, order and direction of certiorari quashing the impugned order dated 23.03.2022 passed by the Central Administrative Tribunal, Lucknow Bench, Lucknow in Original Application no.277 of 2020- Ram Krishna Versus Union of India and others (The copy of the impugned order dated 23.03.2022 is annexed as Annexure No.1 to the petition).
II. To issue a writ, order and direction of mandamus commanding the Opposite Party not proceed in furtherance of the impugned order dated 23.03.2022 passed by the Central Administrative Tribunal, Lucknow Bench, Lucknow in Original Application no.277 of 2020- Ram Krishna Versus Union of India and others (The copy of the impugned order dated 23.03.2022 is annexed as Annexure No.1 to the petition)."
3. Shri S.B. Pandey, learned Deputy Solicitor General of India, at the very outset, has pointed out that the above writ petition has been rendered infructuous in view of the judgment passed by the Hon'ble Apex Court in the case of Director (Admn. and HR) KPTCL and others vs. C.P. Mundinamani and others : 2023 SCC OnLine SC 401.
4. Learned counsel for the respondent does not dispute the legal position put forth.
5. In these circumstance, the writ petition in view of the settled legal position is, accordingly, dismissed and the impugned order dated 23.03.2022 rendered by the Central Administrative Tribunal, Lucknow Bench, Lucknow is made absolute.
(Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.)
Order Date :- 12.12.2023
Shubhankar
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