(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Learned counsel, Mr.K.K.Shah, appearing for the petitioners submitted and practically conceded at the outset that several issues and contentions raised before the tribunal as regards the directions issued by the tribunal in earlier proceeding, being OA st 246/2010 (Original Application No.250 of 2010), as also regarding status of the petitioners as trainees on stipend and the judgments of the Apex Court cited on behalf of the petitioners have not been dealt with in the impugned order dated 8th February 2012 in Original Application No.391 of 2010 of Central Administrative Tribunal, Ahmedabad Bench. He, therefore, proposes to make an appropriate application for review for obtaining order on merits of such contentions which are alleged to be missing in the impugned order. However, he submitted that there were practical difficulties in having a review application heard by the same Bench of the tribunal insofar as the Members of the tribunal concerned may have been transferred and it may take a longer while to have the proposed review application heard within a reasonable time. He further submitted that, during pendency of such proceedings, the petitioners may suffer consequences of actions of the respondents insofar as the amounts held to have been paid in excess may be recovered from their wages.
2. It would, however, be inappropriate for this Court to issue any direction to the Central Administrative Tribunal even before an appropriate application is made by the petitioners and entertained by the tribunal. We are sure that, if and when an appropriate application is made before the tribunal, it will be expeditiously heard and decided in accordance with law. With these observations, the petition is disposed as not pressed at this stage with a view to making an appropriate application for review, without entering into merits of the contentions contained in the petition.
(D.H.Waghela, J.) (G.B.Shah, J.) *malek Top