Court No. - 29 Case :- WRIT - A No. - 39637 of 2010 Petitioner :- Chief General Manager (Telecom) And Another Respondent :- Nahar Singh And Another Petitioner Counsel :- Abhishek Mishra,K. N. Mishra Respondent Counsel :- A. S. G. I. Hon'ble Sunil Ambwani,J.
Hon’ble Kashi Nath Pandey,J.
Issue notice to respondent No.1. The respondent No.2 is a formal
party and thus no notice need to be issued to respondent No.2. The
petitioner may serve the notice of respondent No.2 in the office of
the Addl. Solicitor General of India.
It is contended that the respondent No.1 retired on 31.7.1992. He
filed claim petition in the Central Administrative Tribunal in the
year 2004 claiming benefit of the ratio of the judgment in Smt.
Santosh Kapoor & Ors. Vs. Union of India & Ors., O.A. No.1455
of 1991 rendered by the Principal Bench of the Tribunal on
7.7.1992. The preliminary objection that the special leave petition
pending in the Supreme Court has been referred to Larger Bench
and that the benefit of judgment cannot be given after such a long
time to a retired employee and further that the applicant was
considered and was not found eligible for promotion in CR Grade-
IV, have not been considered.
It is contended by Shri K.N. Mishra that the Tribunal has without
application of mind conferred the benefit of judgment in Smt.
Santosh Kapoor’s case only on the ground that the petitioner
fulfilled the two conditions given in the judgment. He has relied
upon the order of the Supreme Court dated 21.11.2003 in SLP
(Civil) No.9795 of 2003 in which the proceedings of the contempt
for compliance of the judgment has been stayed.
Until further order the effect and operation of the impugned
judgment dated 3.11.2009 passed in O.A. No.1520 of 2004, Nahar
Singh Vs. Union of India shall remain stayed.
Order Date :- 12.7.2010
SP/