Karnataka High Court
The Commandant And Managing Director vs B James Paul on 14 September, 2015
Bench: N.Kumar, G.Narendar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF SEPTEMBER, 2015
PRESENT
THE HON'BLE MR.JUSTICE N. KUMAR
AND
THE HON'BLE MR.JUSTICE G. NARENDAR
WRIT PETITION NO.42041 OF 2014 (S-CAT)
BETWEEN:
1. THE COMMANDANT AND
MANAGING DIRECTOR
515 ARMY BASE WORKSHOP
ULSOOR,
BENGALURU-560 016
2. THE PRINCIPAL CONTROLLER
AND MANAGING DIRECTOR
AGARAM POST,
BENGALURU-560 007
3. THE UNION OF INDIA
REP BY ITS SECRETARY
MINISTRY OF DEFENCE
SOUTH BLOCK,
NEW DELHI-110 001
... PETITIONERS
(BY SRI. R. VEERENDRA SHARMA, ADV.)
2
AND:
B. JAMES PAUL
S/O (LATE) S.BACKIANATHAN
AGED ABOUT 56 YEARS
WORKING AS HEAT TREATMENT
MECHANIC
O/o COMMANDANT AND
MANAGING DIRECTOR
515 ARMY BASE WORKSHOP
ULSOOR,
BENGALURU-560 008
R/AT NO.118, BETHANY NILAYAM
6TH CROSS, AKASHNAGAR
A.NARAYANA PURA
BENGALURU-560 016
... RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF CONSTITUTION OF INDIA PRAYING TO CALL
FOR THE RECORDS IN ORIGINAL APPLICATION
No.258/2012 FILED BY THE RESPONDENT BEFORE THE
CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU
BENCH, QUASH AND SET ASIDE THE ORDER DATED
22.02.2013 PASSED BY THE CAT IN O.A.No.258/2012.
THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, N.KUMAR, J., MADE THE FOLLOWING:
ORDER
This writ petition came to be dismissed for non- compliance by order dated 4.2.2015. IA No.2/2015 is 3 filed to recall the said order and as there was delay in filing the recall application, IA No.3/2015 is filed for condonation of delay.
2. Accepting the cause shown in the affidavit filed in support of both these applications, IA No.2/2015 and IA No.3/2015 are allowed.
3. Petitioners have preferred this petition challenging the order passed by the Central Administrative Tribunal on 22.2.2013 in Original Application No.258/2012.
4. It is submitted that an appeal preferred by the petitioners where identical issue was involved, was already dismissed by this court on 7.4.2015 in W.P.No.42040/2014, relying on the Judgment of the Supreme Court in O.A. No.310/2007 dated 3.6.2009. The same issue is involved in this case and already covered by the Judgment of this Court and Apex Court. 4
5. This petition is also dismissed in like terms.
Sd/-
JUDGE Sd/-
JUDGE AN/-
Ct:anb