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Punjab-Haryana High Court

Union Of India And Others vs Central Administrative Tribunal ... on 7 February, 2014

Author: Hemant Gupta

Bench: Hemant Gupta, Fateh Deep Singh

            CWP No.2325 of 2014                                                -1-

                         IN THE HIGH COURT OF PUNJAB AND HARYANA
                                      AT CHANDIGARH


                                                         CWP No.2325 of 2014
                                                         Date of Decision:07.02.2014


            Union of India and others                                     ....Petitioners

                                                   Versus

            Central Administrative Tribunal Chandigarh Bench
            Chandigarh & others                              ...Respondents


            CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA
                  HON'BLE MR. JUSTICE FATEH DEEP SINGH

            Present: Mr. P.C. Goyal, Advocate
                     for the petitioners.


            HEMANT GUPTA, J.

The challenge in the present writ petition is to an order passed by Central Administrative Tribunal, Chandigarh Bench, Chandigarh dated 1st October, 2013 (Annexure P/3) whereby, an original application filed by the respondents No.2 to 5 was allowed with a direction to consider their claim of re- deployment/adjustment against the post of Tax Assistant from the date the said post became available or from the date junior to them were promoted.

The only argument raised by learned counsel for the petitioners is that applicants have approached the Tribunal after long lapse of time and the Tribunal has not considered the question of limitation in the order passed.

It is not disputed that respondents No.4 and 5 in the original application were granted benefit in the light of judgement dated 25th October, 2010. The applicants before the Tribunal are Sharma Aarti 2014.02.21 12:16 I attest to the accuracy and integrity of this document CWP No.2325 of 2014 -2- senior to the said respondents. Therefore, junior to the applicants could not have been granted benefit without considering the claim of the seniors. The cause to invoke jurisdiction of the Tribunal arose to the applicants, when juniors to them were promoted without considering the claim of the applicants.

Thus, we do not find any illegality in the order passed by the Tribunal. Consequently the present writ petition stand dismissed.

(HEMANT GUPTA) JUDGE (FATEH DEEP SINGH) JUDGE 07.02.2014 aarti Sharma Aarti 2014.02.21 12:16 I attest to the accuracy and integrity of this document