Gauhati High Court
Mohan Ch. Kalita & 3 Ors vs The Union Of India & 5 Ors on 9 December, 2013
Author: A.K. Goswami
Bench: A.K. Goswami
W.P.(C) No.7146 of 2013
BEFORE
HON'BLE THE CHIEF JUSTICE MR. A.M. SAPRE
HON'BLE MR. JUSTICE A.K. GOSWAMI
09-12-2013
(A.M. Sapre, C.J.)
Heard Ms. B. Devi, learned counsel for the petitioners
and Mr. Bibash Pathak, learned Standing Counsel, BSNL.
This is a writ petition filed by the applicants of T.A. No.25
of 2009 under Article 227 of the Constitution of India against
the order dated 22nd January, 2010 passed by the Central
Administrative Tribunal (for short and for brevity called "the
Tribunal") in the aforesaid T.A. and several other T.As
mentioned in the impugned order.
By the impugned order, the Tribunal dismissed the T.A.
filed by the writ petitioners along with several other T.As filed
by similarly situated persons like the writ petitioners and
declining to grant any relief to the petitioners claimed in their
respective T.As.
At the outset, learned counsel appearing for the parties
brought to our notice that some applicants whose T.As were
also dismissed by the impugned order had filed writ petitions
before this Court being Writ Petition (C) No.2945 of 2011
(Kandarpa Das and anr. Vs. Union of India and ors.), W.P.(C)
Nos. 6918/2010, 1363/2010, 18/2012, 2163/2011, 4817/2010,
848/2012 and 4059/2010. This Court by order dated 19.3.2013
allowed the aforementioned writ petitions and remanded the
case to the Tribunal for deciding the transfer applications filed
by the said writ petitioners afresh keeping in view the
directions contained in the order and observations made
therein.
This is what was held by the Court, while allowing the
writ petitions of those writ petitioners -
"38. In the result, the order, dated
22.01.2010, passed by the learned
Central Administrative Tribunal, Guwahati
Bench, is set aside and quashed and the
learned Tribunal is hereby directed to
decide the Transfer Applications and
Original Applications, namely, TA No.
39/2009 [WP(C) No. 2945/2011], OA No.
195/2009 [WP(C) No. 6918/2010], TA No.
62/2009 [WP(C) No. 1363/2010], OA No.
205/2009 [WP(C) No. 4059/2010], TA No.
10/2009 [WP(C) No. 18/2012], TA No.
03/2009 [WP(C) No. 2163/2011] and TA
No. 29/2009 [WP(C) No. 849/2012] in the
light of the observations made, directions
contained in this order and the law
relevant thereto."
Learned counsel for the petitioners, therefore, submits
that so far as these writ petitioners are concerned, they filed
the writ petition late and, therefore, now they pray that same
order may also be passed in this writ petition so that their
transfer application out of which this writ petition arises be
also decided by the Tribunal in the light of the order passed
by this Court on 19.3.2013 in W.P.(C) No.2945/2011 referred
(supra).
Learned counsel appearing for the respondents does
not dispute this factual position that emerges from the records of the case.
Having heard learned counsel for the parties and on perusal of the records of the case and without detailing the more facts involved in this writ petition, we are inclined to accept the submission of the learned counsel for the petitioners and, accordingly, allow this petition in part and set aside the impugned order passed by the Tribunal in T.A. No.25 of 2009 and remand this case to the Tribunal for deciding the same along with all remanded cases mentioned in para-38 of the order passed by this Court in case number W.P.(C) No.2945 of 2011 quoted (supra).
We hereby direct the Tribunal to decide all the matters remanded by this Court pursuant to the order dated 19.3.2013 analogously and pass an order keeping in view the direction/observations made by this Court in its order dated 19.3.2013 after affording opportunity of being heard to all parties concerned.
A copy of the order passed on 19.3.2013 in W.P.(C) No.2945 of 2011 (Kandarpa Das and anr. Vs. Union of India and ors.) shall be treated as a part of this order and a copy of the same be kept in the record file of this case.
JUDGE CHIEF JUSTICE ISINGH