Karnataka High Court
Union Of India vs Shri H R Srinivasan on 10 August, 2018
Bench: A.S.Bopanna, Mohammad Nawaz
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF AUGUST, 2018
PRESENT
THE HON'BLE MR. JUSTICE A.S.BOPANNA
AND
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
WRIT PETITION NO.2190/2016(S-CAT)
BETWEEN :
1. Union of India,
Represented by the
Secretary to
Government of India,
Ministry of Defence,
Sena Bhavan,
New Delhi - 110 011.
2. The Director General,
Research & Development,
Defence Research &
Development Organization,
Directorate of Human Resources
Development (DHRD),
Ministry of Defence,
DRDO Bhavan,
New Delhi - 110 011.
3. Director,
Electronics & Radar
Development Establishment (LRDE),
Defence Research &
Development Organisation,
Government of India,
Ministry of Defence,
P.O. No.9324,
-2-
C.V.Raman Nagar,
Bangalore - 560 093. ...PETITIONERS
(By Smt.Birdy Aiyappa, Adv.)
AND :
Shri H.R.Srinivasan,
Aged about 75 years,
No.3448, 1st Main,
3rd Cross, Gayatrinagar,
Bangalore - 560 021. ...RESPONDENT
. . . .
This Writ Petition is filed under Articles 226 and
227 of the Constitution of India praying to call for the
records in O.A. No.1456/2014 on the file of the Hon'ble
Central Administrative Tribunal, Bangalore Bench and
quash/set-aside the order dated 28.09.2015 passed by
the Hon'ble Central Administrative Tribunal, Bangalore
Bench in O.A. No.1456/2014 at Annexure 'A' and reject
the application filed by the respondents in O.A.
No.1456/2014 with costs.
This Writ Petition coming on for preliminary
hearing in 'B' Group, this day, A.S. Bopanna. J., made
the following:
ORDER
The petitioners in this petition are assailing the order dated 28.09.2015 passed by the Central -3- Administrative Tribunal ('CAT' for short) in O.A. No.1456/2014.
2. The CAT while considering the claim of the applicant before it had taken into consideration the decision of the High Court of Kerala as also this Court and in that light had granted the benefit, since the same was also considered in Special Leave Petition Nos.555- 560/2008 before the Hon'ble Supreme Court through the order dated 04.04.2011.
3. When the instant petition is taken up for consideration, we also notice that this Court in W.P. No.41013/2012 through the order dated 05.04.2014 had considered with regard to a similar benefit as is being claimed by the respondent herein. The said order was sought for review in Review Petition No.34/2015 and connected petitions. A co-ordinate Bench of this Court through the order dated 09.06.2017 has disposed of the Review Petitions by taking note of the development that the orders passed earlier has been upheld by the Hon'ble Supreme Court. -4-
4. If that be the position the conclusion as reached by the CAT does not call for interference in this petition.
Petition is accordingly disposed of.
Sd/-
JUDGE Sd/-
JUDGE SPS