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Bombay High CourtWP/1877/2015dismissedrule discharged

Union Of India, Through The Chairman, Railway Board, Headquartes Office, New Delhi And 3 Others v. Shri Lalit S/O Gopalrao Shende

2015-12-08Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice P.B. Varale2 pages

1 wp1877.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

Writ Petition No. 1877 of 2015 (Union of India through the Chairman, Railway Board, New Delhi and ors. Vs. Shri Lalit s/o Gopalrao Shende) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Shri N. P. Lambat, Advocate for the petitioners Shri M. P. Kariya, Advocate for the respondent CORAM : Smt. Vasanti A. Naik and Prasanna B. Varale, JJ.

DATE : 8-12-2015.

Heard.

By this petition, the petitioners impugn the order of the Central Administrative Tribunal dated 22-9-2014 directing the petitioners to decide the representation filed by the respondent in accordance with the Railway Board letter dated 16-12-1974 and grant him suitable appointment.

Shri Lambat, the learned counsel for the petitioners submits that in one breath the Tribunal has directed the petitioners to consider the representation of the respondent in accordance with the Railway Board Circular and in other breath has directed the petitioners to appoint the respondent on any post in C-2 category.

On hearing the learned counsel for the parties and on a perusal of the impugned order, it appears that the submission made on behalf of the petitioners is incorrect. By the impugned order, the Tribunal has .....2/-

2 wp1877.15.odt only directed the petitioners to consider the representation of the respondent in light of the Railway Board letter dated 16-12-1974 for appointment of the respondent on a post in C-2 category. There is no direction to the petitioners to appoint the respondent on a post in C-2 category and the petitioners are merely directed to decide the representation of the respondent in accordance with Railway Board letter dated 16-12-1974.

In the circumstances of the case, we dismiss the writ petition with no order as to costs.

JUDGE JUDGE wasnik ...../-