Chandigarh Govt. Colleges Teachers Association v. Union Of India & ORS
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Chandigarh Govt. Colleges Teachers Association
Versus
CM-8045-CWP-2015 in/and RA-CW-288-2015 in CWP-10939-2014 UOI & Ors.
**** Date of Decision: 24.07.2015 **** CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR.JUSTICE JASPAL SINGH ****
Present:
Mr. SS Pathania, Advocate for the applicant **** SURYA KANT, J. (Oral) CM-8045-CWP-2015 For the reasons mentioned in the application, the same is allowed and the delay of 264 days in filing the review application is condoned.
CM stands disposed of.
RA-CW-288-2015 (1) Two Original Applications bearing No.53-CH of 2011 and No.459-CH of 2011 were filed before the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (in short, 'the Tribunal') raising an inter-se seniority dispute amongst two sets of Lecturers working in Government Colleges of Arts and Science, Chandigarh. The matter was taken up by a Full Bench of the Tribunal who held that the ad hoc appointees would not gain seniority over and above the UPSC appointees.
(2) In the previous round of litigation this Court had held that the appointment of private respondents was in fact of regular
character and not ad hoc. On this premise, the Tribunal further held that the contention regarding not counting of ad hoc service towards seniority was thus misplaced as the seniority was assigned to the private respondents taking into consideration that they were appointed on regular basis. Both the OAs were thus dismissed. (3) The applicants (in OA-53-CH of 2011) being aggrieved by the order of Tribunal came to this Court in CWP No.8989 of 2013 which was dismissed by a co-ordinate Bench vide a reasoned order dated 12.05.2014 (RA-2). Similarly, the Govt. Colleges Teachers Welfare Organization - the applicant in OA-459-CH of 2011 also filed CWP No.10939 of 2014 which came up for hearing before this Bench on August 8, 2014. Learned counsel for the parties agreed that point in issue stood answered against the writ-petitioners by an earlier decision of this Court in CWP No.8989 of 2013 (Rajesh Kumar & Ors. vs. Union of India & Ors.) dismissed on 12.05.2014. Admittedly no review application was filed or allowed in Rajesh Kumar's case.
(4) The instant writ petition was dismissed following Rajesh Kumar (supra) as the point in issue was identical as both the cases were decided by the Tribunal vide common order. (5) In the light of the above-mentioned facts, the instant writ petition was rightly dismissed even if there was no consent given by counsel for the petitioner.
(6) No case thus is made out to review the order dated 08.08.2014.
(7) Dismissed.