Court No. - 39
Case :- WRIT - A No. - 13606 of 2018 Petitioner :- Union Of India And 3 Others Respondent :- Km. Sanjoo Devi Counsel for Petitioner :- Gyan Prakash
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Sri Gyan Prakash, learned Additional Solicitor General of India for the Union of India-petitioners.
The petitioner in the writ petition is seeking quashing of order of Central Administrative Tribunal, Allahabad Bench Allahabad dated 14.7.2017, whereby the original application filed by the applicant-respondent and other connected applications have been allowed.
Several original applications were filed by a large number of persons whose services were terminated on the ground that they had not been given an opportunity of hearing. The Tribunal vide a common order dated 14.7.2017 allowed the original applications and set aside the order impugned therein and directed that the applicants-respondents shall be entitled for reinstatement with consequential benefits i.e. for full TRCA for the period they have been kept out of service. However, liberty was granted to the Union of India-petitioners to proceed against the applicants.
Challenging the same order of the Tribunal dated 14.7.2017, a large number of writ petitions were filed in this Court and leading case was Writ A No.49864 of 2017 (Union of India and others Vs. Archna Mishra). The bunch of 61 writ petitions were decided by this Court vide order dated 30.4.2018 whereby, this Court dismissed the writ petitions leaving it open to the petitioners, Union of India to pass fresh orders after complying with the requirement of Rules.
Learned counsel for the petitioners when asked whether in the present writ petitions, opportunity of hearing was given to the respondent or not before terminating his service, learned counsel submits that no opportunity was given. He was also asked whether the issue involved in the case of Archna Mishra (supra) was identical to the issue involved in the present writ petition, learned counsel for the petitioner fairly stated that these cases are also squarely covered by the decision of this Court rendered in Writ-A No. 49864 of 2017 (Union of India and others Vs. Archna Mishra) along with other connected writ petitions.
For the reasons aforesaid, we, therefore, dismiss the writ petition in the light of the decision of this Court rendered in Writ-A No. 49864 of 2017 (Union of India and others Vs. Archna Mishra) along with other connected writ petitions leaving it open to the petitioners Union of India to pass fresh orders after complying with the requirement of Rules.
Order Date :- 30.7.2018 sfa/