Allahabad High Court
Union Of India & Others vs Raj Kumar & Another on 4 January, 2010
Author: Kashi Nath Pandey
Bench: Kashi Nath Pandey
Court No. - 36 Case :- WRIT - A No. - 71677 of 2009 Petitioner :- Union Of India & Others Respondent :- Raj Kumar & Another Petitioner Counsel :- Saral Srivastava Hon'ble Satya Poot Mehrotra,J.
Hon'ble Kashi Nath Pandey,J.
It is submitted by Sri Saral Srivastava, learned counsel for the petitioners that in the Original Application filed by the respondent no.1, it was, interalia, stated that in respect of Item no. 9 " No need to pass interim order". However, the submission proceeds, the Central Administrative Tribunal has granted interim order in favour of the respondent no.1 despite no prayer having been made on behalf of the respondent no.1 in this regard.
Issue notice pending admission.
Sri Saral Srivastava, learned counsel for the petitioner states that the respondent no.2 is the proforma respondent, therefore, notice need not be sent to the respondent no.2.
Notice will be issued to the respondent no.1 fixing 15.2.2010.
Counter Affidavit on behalf of the respondent no. 1 may be filed within four weeks.
Rejoinder Affidavit may be filed by the next date fixed in the matter.
Heard on the question of grant of interim relief.
Having regard to the facts and circumstances of the case, and having considered the submissions made by Sri Saral Srivastava, learned counsel for the petitioner, it is directed that till the next date of listing , operation of the impugned order dated 25.11.2009 ( Annexure no. 13 to the Writ Petition ) passed by the Central Administrative Tribunal , Allahabad, will remain stayed.
Order Date :- 4.1.2010 aks