High Court Kerala High Court

Union Of India Represented By vs N. Vasavan on 10 March, 2008

Kerala High Court
Union Of India Represented By vs N. Vasavan on 10 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 7206 of 2008(S)


1. UNION OF INDIA REPRESENTED BY
                      ...  Petitioner
2. ENGINEER-IN-CHIEF, ARMY HEADQUARTERS
3. THE CHIEF ENGINEER, SOUTHERN COMMAND
4. THE CHIEF ENGINEER (NAVAC)

                        Vs



1. N. VASAVAN, SON OF LATE K. VELU
                       ...       Respondent

                For Petitioner  :SRI.TPM.IBRAHIM KHAN,SENIOR PANEL COUNS

                For Respondent  :SRI.M.A.SHAFIK

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :10/03/2008

 O R D E R
                   K. BALAKRISHNAN NAIR &
                       P.N. RAVINDRAN, JJ.
             =======================

                 W.P.(C)NO. 7206 of 2008
            ========================


        DATED THIS THE 10th DAY OF MARCH 2008


                            JUDGMENT

Balakrishnan Nair,J.

The petitioners are respondents in EXt.P1 order of the

Central Administrative Tribunal, Ernakulam Bench in O.A.No.731

of 2005. In the said case relief was granted to the respondent

herein who was the applicant before the Central Administrative

Tribunal relying on the judgment of the Madras Bench of the

Central Administrative Tribunal in O.A.No.27/1999 dated

2-3-1999. The said judgment was affirmed by the judgment of

the Madras High Court in W.P. No.18889/1999. The petitioners

herein contended that the said judgment of the Madras High

Court is pending before the Supreme Court in an S.L.P. filed on

behalf of the official respondents therein. Therefore, the learned

counsel for the petitioners prayed that in case the decision of the

Apex Court is in favour of the official respondents, they may be

WPC. 7206/2008 -2-

given liberty to review the matter.

2. We heard the learned counsel appearing for the

respondent herein. The learned counsel showed us a copy of the

order of the Hon’ble Supreme Court in the petition for leave to

appeal(Civil) bearing No.6499/2004 filed against the order in

W.P.No.18889/1999 of the Madras High Court. From the said

order, it is evident that the special leave petition has been

dismissed. In view of the above position, we find no reason to

interfere or clarify Ext.P1 order of the Central Administrative

Tribunal. Accordingly, this writ petition is dismissed.

K. BALAKRISHNAN NAIR, JUDGE

P.N. RAVINDRAN , JUDGE

ks.

K.R.UDAYABHANU,J.

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CRL.A.NO. OF 200

JUDGMENT

DATE: ……2006

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