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[Cites 2, Cited by 0]

Karnataka High Court

Union Of India vs Sri C S Sathya Murthy on 10 April, 2014

Bench: K.L.Manjunath, Ravi Malimath

 IN THE HIGH COURT OF KARNATAKA AT BANGALORE


         DATED THIS THE 10TH DAY OF APRIL, 2014

                           PRESENT

       THE HON'BLE MR JUSTICE K L MANJUNATH
                              AND
       THE HON'BLE MR JUSTICE RAVI MALIMATH

           Writ Petition Nos. 49083-85 of 2013 (S-CAT)


BETWEEN:


1.   UNION OF INDIA
     BY ITS SECRETARY
     MINISTRY OF PERSONNEL
     PUBLIC GRIEVANCES AND
     PENSIONS,
     DEPARTMENT OF PENSIONS
     AND PENSIONERS WELFARE
     LOK NAYAK BHAVAN
     NEW DELHI - 110 003

2.   THE SECRETARY
     MINISTRY OF COMMUNICATION
     DEPARTMENT OF TELE-
     COMMUNICATIONS AND IT
     SANCHAR BHAVAN
     NO. 20, ASHOKA ROAD
     NEW DELHI - 110 001

3.   THE CONTROLLER OF
     COMMUNICATION ACCOUNTS,
     DEPARTMENT OF TELE-
     COMMUNICATIONS,
     I FLOOR AMENITY BLOCK
     PALACE ROAD
     BANGALORE - 560 001                  ...      PETITIONERS
                                 2

                   [By Sri Amaresh N, ACGSC]


AND:


1.     SRI C S SATHYA MURTHY
       S/O LATE SEETHARAMAIAH
       AGED ABOUT 76 YEARS
       RETIRED TELEPHONE
       OPERATING ASSISTANT
       (P) BANGALORE TELECOM DIST
       R/AT NO.3, II B CROSS
       8TH MAIN, SULTHANPALYA
       BANGALORE - 560 032

2.     SRI S.N. SUNDARAM
       S/O S.V. NARAYANASWAMY
       AGED ABOUT 76 YEARS
       RETIRED OBS SUPERVISOR
       BANGALORE TELECOM DIST
       R/AT NO.44, 2ND E CROSS
       HANUMANTHAPPA LAYOUT
       SULTHANPALYA
       BANGALORE - 560 032

3.     SRI V. SHANKAR
       S/O LATE VENKATASWAMY
       AGED ABOUT 76 YEARS
       RETIRED SENIOR
       TELEPHONE SUPERVISOR
       BANGALORE TELECOM DIST
       R/AT NO.4, SHAIK NATHAD LANE
       SHIVAJINAGAR
       BANGALORE - 560 051                   ...    RESPONDENTS


                     [By Sri A R Holla, Adv.]

       THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER      DATED   08.03.2013       PASSED   BY   THE   CENTRAL
                             3

ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH IN O.A. NO.
253/2012 AVAILABLE AT ANNEXURE - A AND ETC.,

     THESE PETITIONS COMING ON FOR PRELIMINARY HEARING,
THIS DAY, MANJUNATH, J., MADE THE FOLLOWING:


                        ORDER

The learned counsel for the parties submits that a similar question has been considered by this court on 6.3.2014 in Writ Petition Nos.49080-82/2013 and connected matters, wherein it is held that order of the Tribunal could be complied with for the time being by the petitioners subject to the decision of the Hon. Supreme Court in SLP No.36148-50/2013. It is submitted that if SLP filed by the petitioners in W.P.No.36148-50/13 is allowed, then the order of the Tribunal stands set aside and if the SLP filed by the petitioners is dismissed, order now be complied would be in operation.

2. In view of the submission of the learned counsel for the parties, these petitions are disposed off permitting 4 the petitioners to comply with the direction issued by the CAT subject to the result of the SLP filed by the petitioners. If SLP is allowed the order that would be complied with, pursuant to the direction of CAT would be automatically recalled.

Sd/-

JUDGE Sd/-

JUDGE Ak