Union Of India & 3 Others vs Gajanan Laxman Ghane & 2 Ors
2017 Latest Caselaw 9676 Bom

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

                                            WRIT PETITION NO. 3527/2002

1)          Union of India
            Through General Manager
            Central Railway,
            General Manager's office, 2nd floor
            Chhatrapati Shivaji Terminus, Mumbai.

2)          The Chief Administrative officer
            (Construction)
            New Administrative Building
            Chhatrapati Shivaji Terminus, Mumbai.

3)          The Divisional Railway Manager
            Central Railway, Kingsway Nagpur.

4)          The Deputy Chief engineer
            (Construction)
            Central Railway, Ajni at Nagpur.                                          ..                      ..PETITIONERS

                        versus

1)          Gajanan s/o Laxman Ghane
            Aged major, occu: service

2)          Dilip s/o Shrikrishan Aniya
            Aged major, occu: service

3)          Surender s/o Ramratan Mishra
            Aged maajor, occu; service

            All Motor Vehicle Drivers
            working in the office of
            Deputy chief Engineer (Construction)
            Central Railway, Ajni Nagpur.                                              ..                      ..RESPONDENTS
...............................................................................................................................................
                         Dr.R.S. Sundaram, Advocate for petitioners
                         Nobody for respondents 1 to 3
................................................................................................................................................




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                                              CORAM: B.P. DHARMADHIKARI &
                                                     MRS. SWAPNA JOSHI, JJ.
                                              DATED: 15th December, 2017

ORAL JUDGMENT: (PER B.P.DHARMADHIKARI, J.)



1.               The matter is taken out of turn, because of statement made by 

Dr.   Suandaram,   that   against   common   judgment   dated   16th   March   2001 

impugned herein, Writ Petitions are already  allowed by this Court earlier. 



2.              Nobody appears for  respondent nos.1 to 3. 



3.              Perusal of judgment dated 14.9.2017 delivered by Division Bench 

of this Court in Writ Petition No. 3235/2002, 3523/2002, 3528/2002   and 

3557/2002, reveals that  the judgment dated 16th March 2001 delivered  by 

Central Administrative Tribunal (CAT) has been  quashed and set aside and the 

matter has been remanded back to CAT for decision afresh along with other 

matters.



4.              Copy of  this judgment produced by Adv. Sundaram is taken  on 

record  as Exh."X".   



5.              In  this judgment at Exh."X",   earlier judgment  of  this Court in 

Writ Petition No.2111/2001  dated 10th March 2016, has been followed.




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6.                 Accordingly, accepting  statement of  Dr. Sundaram,  we  pass the 

following order :-

                                                  ORDER

(i)        Writ Petition is allowed. 

(ii)       Common   judgment   dated   16th   March,   2001     delivered   by     Central 

Administrative Tribunal, Mumbai, Bench in Original Application No.221/1999

is quashed and set aside. Said Original Application is restored to file of

Central Administrative Tribunal, for its trial and consideration along with

other connected matters.

(iii) Rule is made absolute accordingly. No costs.

                            JUDGE                             JUDGE

sahare-