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High Court of Punjab and HaryanaCWP/17746/2017dismissed

Komal Krishan v. Central Admn.Tribunal & ORS

2017-11-21Mr. Justice Surinder Gupta,Mr. Justice Arun Monga2 pages

CWP No.17746 of 2017 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.17746 of 2017 (O&M) Date of decision:21.11.2017 Komal Krishan ... Petitioner Vs.

The Central Administrative Tribunal, Chandigarh Bench, Chandigarh and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Karan Nehra, Advocate for the petitioner.

AJAY KUMAR MITTAL, J. (ORAL) 1.

In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari and mandamus for quashing of the order dated 12.08.2016 (Annexure P-28) passed by the Central Administrative Tribunal (in short 'CAT') in O.A./No.060/00362/2015 to the extent that therein no order has been chosen to be passed regarding the release of salary of the petitioner which was illegally withheld by the Railway Department since April, 2014 and further for directing the respondents to immediately release all the pending salary of the petitioner for the period from 19.04.2014 to 10.10.2016 by treating the period from 19.04.2014 to 03.11.2014 as on leave and while the period from 03.11.2014 till 10.10.2016 as waiting for orders of posting/duty.

Savita 2017.11.24 12:03 I attest to the accuracy and integrity of this document High Court Chandigarh

CWP No.17746 of 2017 {2} 2.

After arguing for some time, learned counsel for the petitioner submitted that issue with regard to release of salary of the petitioner which was withheld by the Railway Department, has not been discussed in the impugned order by the CAT. Accordingly, a prayer was made that he may be allowed to withdraw the present writ petition with liberty to the petitioner to approach the CAT by filing a review application. 3.

Dismissed as withdrawn.

4.

However, it shall be open to the petitioner to take recourse to the remedies as may be available to him, in accordance with law. (AJAY KUMAR MITTAL) JUDGE (AMIT RAWAL) November 21, 2017 JUDGE savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2017.11.24 12:03 I attest to the accuracy and integrity of this document High Court Chandigarh