Commissioner Navodaya Vidyalaya Samiti And ORS v. Central Administrative Tribunal And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.7465 of 2015 Date of Decision: May 04, 2015 The Commissioner, Navodaya Vidyalaya Samiti and others .....Petitioners versus Central Administrative Tribunal, Chandigarh Bench and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE P.B.BAJANTHRI.

Present: Mr.D.R.Sharma, Advocate, for the petitioners. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) One of the star contention raised on behalf of the petitioners is that Rules 7 & 8 of the Central Civil Services (Revised Pay) Rules, 2008, which came into force w.e.f. 01.01.2006 (Annexure A-1), have not been kept in view by the Tribunal while passing the impugned order. It is pointed out that these Rules were placed on record before the Tribunal. It, however, appears to us that in the absence of any specific reference to these rules in the written statement or during the course of hearing, the Tribunal did not make any specific reference to these rules.

Faced with this, learned counsel for the petitioners submits that since non-consideration of the material on record amounts to an error apparent on the record of the case, he may be permitted to withdraw this writ petition with liberty to MOHINDER KUMAR 2015.05.08 11:49 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.7465 of 2015 [2] move an appropriate application before the Tribunal. Ordered accordingly.

[SURYA KANT] JUDGE May 04, 2015 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2015.05.08 11:49 I attest to the accuracy and authenticity of this document Chandigarh