Court No. - 29
Case :- WRIT - A No. - 13431 of 2019 Petitioner :- Union Of India And 5 Others Respondent :- The Central Administrative Tribunal, Additional Bench Allahabad And Another Counsel for Petitioner :- Gyan Prakash,Gaya Prasad Singh
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners.
Learned counsel for the petitioners submits that he is only interested in getting the Original Application which is pending before Tribunal decided at an early date and as such is not pressing any of the reliefs claimed in the writ petition on merits.
It appears that Original Application No. 330/1554/2017 (Brij Bhushan Paul Vs. Department of Posts) is pending before the Central Administrative Tribunal, Allahabad. In the said application by an interlocutory order dated 16.02.2018, the Tribunal has observed that as the learned counsel for respondents despite sufficient time granted in the past has failed to seek instructions in the matter and as the matter is similar to Original Application No. 89 of 2017, the petitioners therein are also entitled to an interim order and as such directed the petitioners therein to be paid provisional pension.
The submission of counsel for the petitioners is that the counter affidavit on behalf of the respondents have already been filed but the matter is not being decided on merits and at the same time contempt proceedings have been initiated against the petitioners.
Merely for the reason that contempt proceedings have been initiated, it cannot be a ground for issuing directions for the immediate decision of the pending original application. We are also not aware about the pendency of other old cases before the Tribunal and it is not the case of the petitioners that the respondents are deliberately delaying its disposal or the Tribunal is avoiding hearing of the same.
In such circumstances, the petition stands disposed off with liberty to the petitioners to move an application for expeditious disposal of the above referred original application before the Tribunal.
The Tribunal would consider the said application depending upon the pendency of other old cases and its roster and fix a date for expeditious disposal of the above original application, if necessary.
The writ petition stands disposed off with the above directions.
Order Date :- 26.8.2019 Nirmal Sinha