Dinbhandu Gupta And Others vs Rakesh Kumar And Others
2021 Latest Caselaw 846 j&K

                                                                    Sr. No. 243
                                                           (After Notice Cause list)



          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU

                                               WP(C) No. 2062/2020
                                               CM No. 5365/2021
                                               CM No. 8129/2020
                                               CM No. 8130/2020


Dinbhandu Gupta and others                        .....Appellant(s)/Petitioner(s)
                      Through: Ms. Deepali Arora, Advocate


                 Vs
Rakesh Kumar and others                                      ..... Respondent(s)
                      Through: Ms. Radha Sharma, Advocate
                               Ms. Arti Anand, Advocate
                               Ms. Seem Sharma, Advocate

Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
       HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE

                                   ORDER

09.08.2021

1. The precise submission as projected by the petitioners in the writ

petition is that the order dated 17.11.2020 passed by the Central Administrative

Tribunal, Bench at Jammu in O.A. No. 061/958/2020 titled Rakesh Kumar and

another Vs. Union of India and others has been passed at the back of petitioner

without affording opportunity of hearing whereby the learned Tribunal has

allowed O. A. and the impugned seniority list has been set aside.

2. The official respondents were directed to re-consider the seniority

list in the light of legal position including the judgment of Hon'ble Supreme

Court of India in the case of K. Mghachandra Singh Vs. Ningam Siro and

others.

3. Learned counsel appearing for the respondents have fairly stated that

they have no objection for remitting the case to the Central Administrative

Tribunal to reconsider the O.A. afresh.

4. Be that as it may, the order dated 17.11.2020 passed by the Central

Administrative Tribunal, Bench at Jammu in O.A. No. 061/958/2020 is set aside

and remanded it back to the CAT to hear the Original Application afresh by

giving opportunity of being heard to all the parties including the respondents.

5. Let the copy of this order be remitted to the Central Administrative

Tribunal. Upon receiving the order, the CAT is directed to issue notice to the

parties.

6. This petition is, accordingly, disposed of along with connected

CM(s).

                              (Puneet Gupta)                    (TashiRabstan)
                                     Judge                             Judge
Jammu
09.08.2021
Shammi


                    Whether the order is speaking:     Yes/No
                    Whether the order is reportable:   Yes/No