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[Cites 1, Cited by 5]

Punjab-Haryana High Court

Union Of India And Another vs Smt.Reeta Devi And Another on 7 November, 2013

Bench: Surya Kant, Surinder Gupta

                                   IN THE HIGH COURT OF PUNJAB & HARYANA AT
                                                  CHANDIGARH


                                         Civil Writ Petition No.24278 of 2013
                                         Date of Decision: November 07, 2013

                      Union of India and another                           .....Petitioners
                           versus
                      Smt.Reeta Devi and another                           .....Respondents

                      CORAM : HON'BLE MR.JUSTICE SURYA KANT.
                              HON'BLE MR.JUSTICE SURINDER GUPTA.

                      Present : Mr.Hitesh Kaplish, Advocate, for the petitioners.
                                            -.-

                      1. Whether Reporters of Local papers may be allowed to see the
                         judgment?
                      2. To be referred to the Reporters or not?
                      3. Whether the judgment should be reported in the Digest?
                                                  ---
                      Surya Kant, J. (Oral)

This order shall dispose of Civil Writ Petition Nos.24253, 24278 and 24279 of 2013 as common questions of law and facts and involved in these cases.

For brevity, the facts are being extracted from Civil Writ Petition no.24278 of 2013.

The order dated 22.05.2013 passed by the Central Administrative Tribunal, Chandigarh Bench, in OA No.12/CH/2013 is under challenge in this writ petition. Vide the said order, the Tribunal has accepted the claim of 1st respondent for the grant of MACP w.e.f. 1.9.2008.

A perusal of the order passed by the Tribunal unveils that the OA was allowed following an earlier decision dated 9.5.2013 rendered in OA No.821/CH/2012 which, in turn, was allowed on the basis of yet another decision dated 31.05.2011 passed in OA No.1038/CH/2010 (Raj Pal versus Kumar Mohinder 2013.12.12 17:22 I attest to the accuracy of this order Chandigarh CWP No.24278 of 2013 & connected cases [2] Union of India and others.

It is not in dispute that the order passed by the Tribunal in Raj Pal's case (supra), was challenged before this Court in CWP No.19387-CAT of 2011 which was dismissed by a Co-ordinate Bench vide a self-speaking order dated 19.10.2011. The Special Leave Petition preferred by Union of India against that order was also declined by the Hon'ble Supreme Court though being barred by limitation.

For the reasons already assigned by this Court in Raj Pal's case (Supra) we do not find any merit in this writ petition.

Dismissed.


                                                                      [SURYA KANT]
                                                                              JUDGE



                      November 07, 2013                             [SURINDER GUPTA]
                           Mohinder                                            JUDGE




Kumar Mohinder
2013.12.12 17:22

I attest to the accuracy of this order Chandigarh