Bombay High CourtCAO/180/2015rejected at admission stage

All India Guard Council, Through Its Working President, Shri Sunil Kumar S/O Raghunathprasad Shukla v. The Central Administrative Tribunal Bombay Bench And 4 Others

2015-09-07Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Z.A. Haq1 pages

1 cao180.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.180 OF 2015 & MISC. CIVIL APPLICATION ST. NO. 9695 OF 2014 IN WRIT PETITION NO.28 OF 2014(D) (All India Guard Council, Nagpur through President and others .vs. The Central Administrative Tribunal and others) ----- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - --- - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.K. Paliwal, Advocate for the applicants. CORAM : B.P. DHARMADHIKARI & Z.A. HAQ, JJ.

DATE : 07-09-2015.

Prayer is to condone the delay of 74 days in filing Misc. Civil Application Stamp No.9695/2014 for review of order dated 24-01-2014.

Submission is respondent No.5 could not have been shown senior to the petitioners-review applicants. This Court has heard this grievance, relied upon the provisions of 1310(v) and found no merit as seniority of such employee, who is the medically unfit, is protected. As such no case is made out for issuance of notice. Both the applications are rejected.

JUDGE JUDGE pma