Union of India v. Ashok Kumar S/o Shri Kishore Lal
2017-05-24
PRADEEP NANDRAJOG, SANJEEV PRAKASH SHARMA
body2017
DigiLaw.ai
ORDER : 1. Challenge in D.B. Civil Writ Petition no.3847/2017 is to an order dated December 13, 2016 passed by the Central Administrative Tribunal, Jaipur Bench. Challenge in D.B. Civil Writ Petition No.2644/2017 is to another order of even date passed by the Central Administrative Tribunal, Jaipur Bench. Challenge in D.B. Civil Writ Petition No.3868/2017 is to another identically worded order dated May 30, 2016 passed by the Central Administrative Tribunal, Jaipur Bench. 2. The private respondents in the three D.B. Civil Writ Petitions were the applicants before the Tribunal. They had relied upon a scheme notified by the Railway call the LARGESS Scheme. 3. Without notice to the railway authorities or the applicants before the Tribunal, the Tribunal held the scheme to be illegal and unconstitutional. 4. The validity of the scheme has been upheld by the Delhi High Court as also the Gujarat High Court. Apart from the scheme being held to be constitutional, both Courts have taken the view that the Central Administrative Tribunal does not have the jurisdiction to have gone into the validity of the scheme and more so without putting the parties to notice. 5. Large number of writ petitions filed in this Court against identically worded orders were allowed and the original applications filed were restored for adjudication on merits. 6. Conscious of the fact is that in the instant case the respondents have yet to be served in the writ petition but the order which we would be passing would be to their benefit for the reason it results in the restoration of the original applications filed by them with a direction to the Tribunal to decide the original applications with reference to the pleadings of the parties treating the same as legal. 7. The three writ petitions are allowed. The order impugned in each writ petition is set aside and the original applications filed by the respondent in the three writ petitions are restored for adjudication on merits. 8. The Tribunal would put the parties to notice. Pleadings would be completed. The claim in the original applications would then be decided as per law. 9. No costs.