Bombay High Court
Union Of India Thr.General ... vs Shri Bhaskar S/O Laxman Kurrewar on 14 September, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.3235/2002
1. Union of India through General Manager,
Central Railway, General Manager's Office,
2nd Floor, Chatrapati Shivaji Terminus, Mumbai.
2. The Chief Administrative Officer
(Construction), New Administrative Building,
Chatrapati 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. Shyamsunder Harigir Goswami,
Aged - Major, Occ. Service,
2. Moreshwar Namaji Lokhande,
Aged - Major, Occ. Service.
3. Ramesh Nathuji Pusadekar,
Aged - Major, Occ. Service.
4. Shivaji Raghoji Digrase,
Aged - Major, Occ. Service.
5. Ramu. Anandrao Sawarkar,
Aged - Major, Occ. Service.
6. Wasudeo Pandurang Shinde
Aged - Major, Occ. Service.
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7. Bhojraj Kacharya Chilahate
since dead through his Lrs.
i. Smt. Shashikala Wd/o Bhojraj Chilahate,
aged - Major, Occ. Not known;
ii. Vijay S/o. Bhojraj Chilahate
aged - Major, Occ. Service;
iii. Ku. Varsha D/o Bhojraj Chilahate
Minor, Occ. Not known;
iv. Ku. Poonam D/o Bhojraj Chilahate
Minor, Occ. Not known;
both (iii) & (iv) minors, represented through
their mother Smt. Shashikala Wd/o Bhojraj Chilahate,
All residents of Gayatri Colony, Shastri Ward No.28,
Railway Station Road, Pandhurna, Post Pandhurna,
Dist. Chhindwara (M.P.)
8. Ganpat Tularam Rahangadale
Aged - Major, Occ. Service,
9. Kaitram Dokari Raut,
Aged - Major, Occ. Service,
10. Biraj Kailash Pawar,
Aged - Major, Occ. Service,
11. Manohar Urkuda Menwade,
Aged - Major, Occ. Service,
All Motor Vehicle Drivers, working in
the office of Deputy Chief Engineer,
(construction), Central Railway,
Ajni, Nagpur. : RESPONDENTS
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WITH
WRIT PETITION NO.3523/2002
1. Union of India through General Manager,
Central Railway, General Manager's Office,
2nd Floor, Chatrapati Shivaji Terminus, Mumbai.
2. The Chief Administrative Officer
(Construction), New Administrative Building,
Chatrapati 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...
Shri Bhaskar S/o Laxman Kurrewar,
Aged - Major, Occ. Service,
C/o. Office of Deputy Chief Engineer,
(Construction), Central Railway, Ajni,
Nagpur. : RESPONDENT
WITH
WRIT PETITION NO.3528/2002
1. Union of India through General Manager,
Central Railway, General Manager's Office,
2nd Floor, Chatrapati Shivaji Terminus, Mumbai.
2. The Chief Administrative Officer
(Construction), New Administrative Building,
Chatrapati Shivaji Terminus, Mumbai.
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3. The Divisional Railway Manager,
Central Railway, Kingsway, Nagpur.
4. The Deputy Chief Engineer,
(Construction), Central Railway, Ajni,
at Nagpur. : PETITIONERS
VERSUS
Manohar Atmaram Mangale,
Aged - Major, Occ. Service,
Office of Deputy Chief Electrical
Engineer (Construction),
Central Railway, Ajni, Nagpur. : RESPONDENT
WITH
WRIT PETITION NO.3557/2002
1. Union of India through General Manager,
Central Railway, General Manager's Office,
2nd Floor, Chatrapati Shivaji Terminus, Mumbai.
2. The Chief Administrative Officer
(Construction), New Administrative Building,
Chatrapati 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
Shri Arun S/o Ramchandra Khupat,
Aged - Major, Occ. Service,
C/o. Office of Deputy Chief Electrical Engineer,
(Construction), Central Railway, Ajni,
Nagpur. : RESPONDENT
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Dr. R.S. Sundaram, Advocate for Petitioners.
None for Respondents.
__________________________________________________________
CORAM : R.K. Deshpande, Manish Pitale, JJ.
DATE : 14.09.2017.
ORAL JUDGMENT (Per R.K. Deshpande,J.)
1. Heard, Dr.. R.S. Sundaram, the learned counsel appearing
for the petitioners in all these petitions. None appears for the
respondents
2. Dr. Sundaram, learned counsel for the petitioners has
invited our attention to the common judgment delivered by this
Court in Writ Petition No. 2111 of 2001 (Shri Manohar s/o.
Atmarama Mangle V/s Union of India & ors.) and other connected
matters on 10th March, 2016 and urged that the judgment which
is impugned in the present petitions, was also subject-matter of
challenge before this Court in Writ Petition No. 2111/2001 and
other connected matters and this Court has set aside the decision
of the Central Administrative Tribunal and remanded the matter
back for consideration afresh.
3. The aforesaid submission made by Dr. Sundaram is not
controverted. We do not find any difficulty in accepting the
submission and in our view, no different view can be adopted.
Hence, these matters will also have to be allowed by setting aside
the decision of the Central Administrative Tribunal with an order
of remand.
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4. In the result, all these petitions are allowed. The common
judgment dated 16th March, 2001 delivered by the Central
Administrative Tribunal is hereby quashed and set aside. The
matters are remanded back to the Central Administrative Tribunal
for decision afresh along with other matters, which may have been
pending before it.
5. Rule is made absolute in above terms. No order as to costs.
JUDGE JUDGE
Gohane
