High Court for State of TelanganaWP/44658/2017disposed of no costs

Union Of India, v. M Saval Reddy

2018-06-08Abhinand Kumar Shavili,Suresh Kumar Kait2 pages

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.44658 of 2017 ORDER: (Oral) (Per Suresh Kumar Kait, J) Learned counsel for the petitioners submits that different applicants filed about 32 applications before the Central Administrative Tribunal, seeking re-fixation of their pension and the learned Tribunal allowed the said applications by different orders. Being aggrieved, the Union of India challenged the said orders before this Court vide W.P.No.25597 of 2016 and batch.

This Court allowed the said batch of writ petitions vide order dated 13.11.2017 as under:

"In the light of the stand taken by the Union of India, the Tribunal could not have allowed the Original Applications on the ground that the issue is covered by the decision of the Full Bench of the Tribunal. Each individual case ought to have been examined by the Tribunal to find out what was the benefit extended to the respondents, how the pension was fixed and whether the Government of India's Resolution and the Office Memoranda were implemented. Since the Tribunal has not done the same, we are obliged to set aside the order of the Tribunal and remand the matter back to the Tribunal for a fresh disposal.

In view of the above, all the writ petitions are allowed, the orders of the Tribunal are set aside and the matter remanded back to the Central Administrative Tribunal for a fresh examination. There shall be no order as to costs."

Learned counsel for the petitioners submits that the issue involved in the aforesaid batch of writ petitions and the present writ petition is

same and requested that the present writ petition also be remanded to the Central Administrative Tribunal for deciding the issue afresh. Accordingly, we set aside the order dated 28.01.2016 passed by the Central Administrative Tribunal in O.A.No.021/00849/2015 and direct the Tribunal to decide the issue afresh in the light of the order dated 13.11.2017 passed in W.P.No.25597 of 2016 and batch. Writ petition is accordingly disposed of. No order as to costs. Miscellaneous petitions, if any pending in the writ petition, stand closed.

_______________________ SURESH KUMAR KAIT, J _____________________________ ABHINAND KUMAR SHAVILI, J June 8, 2018 MRR