Full Text
UNIONOFINDIA AND ORS. Petitioners
Through Mr.Arun Bhardwaj,CGSC.
Through
HON'BLE MR.JUSTICE ANUPJAIRAMBHAMBHANI
% 04.09,2019
CM APPL.Nos.38141-38142/2019(exemptions^
Exemptionsallowed,subjectto alljustexceptions.
The applications stand disposed of.
W.P.(C1 9249/2019
The petitioners are aggrieved by order dated 09.01.2019 passed by the
Central Administrative Tribunal ('the Tribunal'). Learned counsel for the petitionerssubmitsthatthe Tribunal has passed the aforesaid order allowing OA "
No. 96/2019 by relying on an earlier order dated 12.05.2016 in the case of
PankajNayan & Ors. vs. Union ofIndia & Ors. made by the Tribunal in O.A.
No.3405/2014. The Tribunal has also taken into accountthatthe said order was upheld by a Co-ordinate Bench ofthis Court.
ORDER
2. It is pointed-out by learned counsel for the petitioners that although it is factually correct that the order passed in PankajNayan & Ovs. vs. Union of India& Ors.was upheld by this Courtin W.P.(C).No.l1277/2016, howeverthe order of the Tribunal was not tested and the writ petition was dismissed for technical reasons.
3. Mr.Bhardwajsubmitsthatpostthe passing ofthe orderinPankajNayan & Ors. vs. Union ofIndia & Ors.various applicants have started approaching the Tribunal and the Tribunal has been allowing the O.A.'s for the asking. 2019:DHC:7917-DB though the Union of India would want to oppose such applications since individualcasesmayinvolvecertainotherfactors^ndPankajNayan would not cover each and eveiy case which is filed on all aspects. He also submits that thereisnow achangeintheRecruitmentRules which needsto beconsideredin each case.
4. Wenoticethatintheimpugnedorder,nosuchobjection wasraisedbythe counsel whohadappearedfortheUnionofIndia. However,asprayed,wegrant liberty to the petitioners to seek modification/review ofthe impugned order to highlightthelegal andfactualissuesinthisparticularcase and demonstratehow this case would not be covered by the earlier decision ofthe Tribunal based on PankajNayan.
5. In case such review is filed within two weeks, we have no hesitation in saying the Tribunal will take a lenient view as far as period oflimitation is concerned.
6. The petition is disposed of,leaving all grounds raised in the writ petition open to be raised by the petitioners before the Tribunal. CM APPL.Nos.38143/2019& 38140/2019
7. The applications stand disposed ofin view ofthe order passed in the writ petition. -j:. G.S.SISTANI,J SEPTEMBER 04,2019 pst W.P.(C)9249/2019 ANUP JAIRAM BHAMBHANI,J