Central Administrative Tribunal - Delhi
Sajjad Hussain vs M/O Science And Technology on 16 November, 2015
Central Administrative Tribunal
Principal Bench, New Delhi
MA No.3707 of 2015
IN
OA No.4361 of 2014
Orders reserved on : 4.11.2015
Orders pronounced on : 16.11.2015
HON'BLE MR. V.AJAY KUMAR, MEMBER (J)
HON'BLE MR. SHEKHAR AGARWAL, MEMBER (A)
Sajjad Hussain through
Vijay Krishna Yalavarthy & Ors. ... Applicants
(By Advocate: Shri V. Shekhar, senior counsel with Ms. Richa
Sharma and Shri Soumo Palit)
Versus
Dr. Girish Sahni DG, CSIR
... Respondents
(By Advocate : Shri Parveen Swaroop)
ORDER
MR. SHEKHAR AGARWAL, MEMBER (A) :
The MA 3707/2015 in OA No.4361/2014 has been filed with the following prayers:-
"a) Recall the order on granting extension to CSIR till 15 December 2015 vide CAT order dated 27 October 2015 in M.A.No.2954/2015 in O.A. No.4361/2014.
b) Direct the Respondent to set aside any service termination O.M. No.2-NML (111)/2011-E1 dated 01.09.2015 issued to O.M No.18011/1/2010-Estt. (C) issued to Trainee Scientist erstwhile Scientists Grade IV(1), which is based on improper absorption process adopted by CSIR-NML and inappropriate implementation of Hon'ble CAT judgment dated 25.05.2015 passed in O.A. No.4361/2014.
c) Direct the respondent to extend the service of Trainee Scientist erstwhile Scientists Grade IV(1) appointed in the labs of CSIR as directed in the order dated 25.05.2015 passed in O.A. No.4361/2014.2 MA 3707/2015
d) Direct the respondent to pay arrears salary from August 2014 till the date of appointment in compliance of order dated 25.05.2015 passed in O.A. No.4361/2014.
e) Issue a stay of all advertisement of Open Examination issued for the post of Trainee Scientist erstwhile Scientists Grade IV(2).
f) Hold the Trainee Scientist erstwhile Scientists Grade IV(1) post as a regular post. And thereafter Direct the respondent to continue service of Trainee Scientist as they were confirmed as per Department of Personnel and Training regulations.
g) Direct the respondent to extend the service of Sri Vijaya Krishna Yalavarthy, Trainee Scientist erstwhile Scientists Grade IV(1) in compliance to order dated 25.05.2015 passed in O.A. No.4361/2014.
h) Pass any other order or orders as this Hon'ble Tribunal deem fit and proper in the facts and circumstances of the case."
2. The aforesaid OA had been disposed of by our Order dated 25.5.2015, the operative part of which reads as follows:-
"11. We, therefore, dispose of this O.A. and quash the letter dated 19.09.2014 by which the services of the applicants have been discontinued. We further direct that the respondents shall consider the applicants for absorption in CSIR as Scientists in PB-3 with Grade Pay of Rs.6600/- in accordance with CSRAP Rules. Till such consideration is completed, their tenure as Trainee Scientists shall be extended. This will be done within a period of three months from the date of receipt of a certified copy of this order. No costs."
3. It is seen from the prayer of MA - applicants that the relief sought in the same goes much beyond what was granted to the applicants in our final order in the OA. The Misc. applicants have not indicated any error apparent on the 3 MA 3707/2015 face of the record warranting us to review our own Order. Yet, they are praying for recall of the same and grant of certain additional reliefs which were not granted in the Order. In our opinion, such a MA is not maintainable as once we have disposed of the OA, we have become functus officio and cannot modify, add or take away anything from our Order.
4. Learned counsel for the Misc. applicants relied on several judgment to say that in extraordinary circumstances, Courts are not helpless and can recall their Order. Thus, he has relied on the judgment of the Hon'ble Supreme Court in the case of Indian Bank vs. M/s Satyam Fibres (India) Pvt. Ltd., AIR 1996 sc 2592, in para 22 of which the Hon'ble Supreme Court has observed that whenever some orders had been obtained by fraud, the courts have inherent power especially under Section 151 CPC to recall such Order. He further relied on the judgment of the Hon'ble Supreme Court in the case of United India Insurance Co. Ltd. Vs. Rajendra Singh and Ors., AIR 2000 SC 1165, in para 17 of which, it has been observed that if on the basis of newly discovered facts, it comes to the notice of the Court that fraud of high degree has been committed, then the Courts/Tribunal are not powerless to recall their own Order. Further he relied on the judgment of the Hon'ble Supreme Court in the case of Supreme Court Bar Association and Ors. vs. B.D. Kaushik, 2012(5) SCAL 161, in paras 49 and 50 of which, it has been observed that Hon'ble Supreme Court can take 4 MA 3707/2015 recourse to the powers vested under Article 142 of the Constitution to do complete justice to the party.
5. We have considered the aforesaid submissions. In our view, circumstances do not exist, warranting exercise of inherent powers vested in Courts under Section 151 of the CPC for recalling of the Order, as the original Order has not been obtained by fraud or by concealing any relevant material.
6. Under these circumstances, we do not find any merit in this MA and the same is dismissed.
(SHEKHAR AGARWAL) (V. AJAY KUMAR)
MEMBER (A) MEMBER (J)
/ravi/