Postal Accounts & Audit ... vs Union Of India,Ministry Of ...
2016 Latest Caselaw 5067 Bom

                                                        1                                          wp 4773.03.odt 

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
                         NAGPUR BENCH : NAGPUR.




                                                                                                           
                                WRIT PETITION No. 4773/2003




                                                                                
    1]       Postal Accounts & Audit Pensioners'
             Association, Nagpur, A Society registered 
             under section 21 of the Society's Act 1860, 
             having registration no.MAH/P67/94/NAG 




                                                                               
             dated 3/6/1994, having its office at 
             "Tirthrup" 63, Dharampeth Society's Layout No.3, 
             Deendayalnagar, Nagpur, Tahsil and District Nagpur, 
             through its Secretary D.V. Dhaktod.   




                                                              
    2]       Ramesh s/o Tanbaji Bhuwan,
             Retired Senior Accountant, 
             Office of the Director of Accounts (Postal), 
             Nagpur, R/o.-Nagjibhai Town, Sitabuldi, Nagpur.                                  
                                       
    3]       Madhukar Narayanrao Bokade,
             Retired Senior Accountant,
             Office of the Director of Accounts (Postal), 
             Nagpur r/o 62, Dharampeth Society Layout, 
             Deendayal Nagar, Nagpur-22.                                      PETITIONERS
           
        



                                                  .....VERSUS.....


    1]       Union of India,
             Ministry of Communication,





             Department of Posts, Dak Bhavan, 
             New Delhi 110 001, through  Director General.

    2]       Director of Accounts (Postal),
             Civil Lines, Nagpur- 440 001.                                 R
                                                                              ESPONDENTS
                                                                                        





                                      None for the petitioners.
                       Ms U.R. Tanna, Advocate for the respondent nos.1 and 2.


                                                         Coram : Smt. Vasanti  A  Naik  & 
                                                                       Kum. Indira Jain, JJ.

Dated : 30 August, 2016.

th

ORAL JUDGMENT (Per Smt. Vasanti A Naik, J.)

2 wp 4773.03.odt

By this Writ Petition the petitioners, have sought a direction against the

respondents to implement the order of the Central Administrative Tribunal

dated 23-09-2002 in Original Application No.716 of 1998. The petitioners

have sought a direction against the respondents to fix the pay scale of the

petitioners on the basis of the order in Original Application No.716 of 1998.

Ms Tanna, the learned Counsel for the respondents states that the

Writ Petition is liable to be dismissed as the orders passed by the Central

Administrative Tribunal in several Original Applications directing the re-

fixation of the salary are set aside by this Court by the judgment dated

25-01-2007 in Writ Petition Nos.1686 of 2003 and 1733 of 2003. It is stated

that since the claim of the petitioners was based on the orders of the Central

Administrative Tribunal in Original Application Nos.716 of 1998 and 605 of

1997 and since the said orders of the Central Administrative Tribunal are set

aside by this Court by the judgment dated 25-01-2007, the Writ Petition is

liable to be dismissed. It is stated that the claim of the petitioners was based

on the orders passed by the Tribunal in the two aforesaid Original Applications

and since the orders in the two aforesaid Original Applications are set aside,

the petition is liable to be dismissed.

We had called for the record and proceedings in Writ Petition Nos.

1686 of 2003 and 1733 of 2003 and perused the judgment rendered by this

Court on 25-01-2007.

3 wp 4773.03.odt

Hence, for the reasons recorded in the judgment dated 25-01-2007 in

Writ Petition Nos. 1686 of 2003 and 1733 of 2003, we dismiss the Writ

Petition with no order as to costs. Rule stands discharged.

                                JUDGE                                             JUD
                                                                                     GE
                                                                                        




                                                                               
     Deshmukh




                                                              
                                                           


                                        
                                       
         
      







                                                         4                                          wp 4773.03.odt 

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                                                          (Deshmukh)                         02/09/2016
                                                                       P.A. to the Hon'ble Judge.