Full Text
UNION OF INDIA ANID ORS ..... Petitioners Repres ented by : IVIr. R. V. S inha with Mr.R.N. S ingh and N{r.A.S.Singh, Advs.
| \.' AND w.P.(c) 636r/2011 UNION OF INDIA & ORS ..... Petitioners
Represented by : Ivk.R.V. Sinha with Mr.R.N. Singh and Mr.A.S.Singh, Advs.
AND w.P.(c) 8181/2011 UNION OF INDIA & ORS ..... Petitioners
Represented by: VIr.R.V. Sinha with Mr.R.N. Singh and Mr.A.S.Singh, Advs.
W.P.(C) 6181120ll and other connected matters Page I of3
2013:DHC:7693-DB \l o/o DEVKI NANDAN ..... Respondent
Represented by: Mr.S.K.Gupta and Mr.G.S.Lobana, Advs.
HON'BLE MS. JUSTICE VEENA BIRBAL
06.02.2013
ORDER
1. Learned counsel for the parties jointly state that after setting aside the impugned decision the 3 original applications; being O.A.No.105/2008, O.A.No.217312008 and O.A.No.43412008 may be restored before the Tribunal for fresh adjudication in view of the subsequent events which have transpired being that O.M. dated May 29, 200I was struck down by the Gujarat Bench of the Central Administrative Tribunal against which writ petition filed was dismissed by the High Court and the view was upheld by the Supreme Court in Civil Appeal No.2606/2006 decided on July 01,2011 UOI & Ors. vs. Vilvambhqi Manqibhai Chaudhay. Thereafter the Government of India issued an office memorandum dated July 17, 2012 taking corrective action.
2. We make it clear that we have not expressed any opinion on the merits of the controversy and all contentions urged by the applicants before the Tribunal would be open for being considered by the Tribunal and likewise all defences available to the Union of India and the Postal Department would be available to be urged before the Tribunal. W.P.(C) 6181120ll and other connected maffers Page 2 of[3] L\,/ !g vt,
3. The impugned orders which are set aside are:-
(i) Order dated 10.07.2008 in O.A.No.105/2008, order dated
(ii) Common order dated May 31, 20ll dismissing review applications filed by the Union of India being R.A.No.28412010 in O.A.No.105/2008, R.A.No.291l2010 in O.A.No.217312008 and R.A.No.2 93'20 I0 in O.A.N o.43 412008.
4. Since parties are represented through counsel we direct that they shall t appear before the Regishar of the Tribunal on March 04, 2013 who shall thereafter list the 3 original applications before the appropriate Bench.
5. At this stage, as desired by Sh.J.P.Sharma, Advocate we record that if Hariom Sharma were to file a miscellaneous application praying for release of full GPF money due to him in the GPF account, the same shall also be decided by the Tribunal. CM No.12473l2011 in W.P.(C) No.6181/2011 CM No.1364/2013 in W.P.(C) No.6361/2011 CM No.18432/2011 in W.P.(C) No.8181/2011 'l). Disposed of as infructuous..-' ^-*fr PRADEEP NANdRXJOG, J. lr^"4----- VEENA BIRBAL, J. FEBRUARY 06,2OI[3] kks I ( W.P.(C) 618l/201l and other connected matters Page 3 of[3]