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2017 DIGILAW 1667 (GUJ)

Union of India v. Central Administrative Tribunal Ahmedabad Bench

2017-09-20

B.N.KARIA, M.R.SHAH

body2017
ORDER : M.R. SHAH, J. 1. By way of this petition under Article 226/227 of the Constitution of India, the petitioner - original respondent has challenged the interim order passed by the learned Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad [hereinafter referred to as “the tribunal” for convenience) dated 8/12/2016 passed in O.A No. 730 of 2016, by which the learned tribunal has granted interim relief as under:— “16. The simple grievance of the applicant is that when the respondents while interviewing six other candidates who have secured lower marks in the qualifying examination, cannot ignore her candidature and as such, she is entitled to be interviewed. Therefore, in the fitness of the facts and circumstances of the case, as an ad-interim measure, the respondents are directed to fix a date for the personal interview of the applicant and the same shall be communicated to the applicant within ten days from the date of receipt of a copy of this order. She shall be interviewed in the same manner as has been already done in the case of said 80 candidates. The whole exercise shall be completed on or before 31/12/2016, unless in the meanwhile, the time limit fixed herein is extended for any genuine reason. 17. In the interregnum, the respondents are directed not to publish the final select list in respect of Post Code No. 4 pursuant to the notification dated 06.08.2016 vide Annexure-a-1.” 2. It is not in dispute that as such the dispute in the main O.A is yet to be finally considered by the learned tribunal on merits. Present petition is against the interim order passed by the learned tribunal. Therefore, there is a broad consensus between the learned advocates appearing on behalf of the respective parties that while continuing the ad-interim relief granted by the Division Bench of this Court vide order dated 22/12/2016, the learned tribunal be directed to finally decide and dispose of the main O.A at the earliest and within reasonable time. 3. Mr. Therefore, there is a broad consensus between the learned advocates appearing on behalf of the respective parties that while continuing the ad-interim relief granted by the Division Bench of this Court vide order dated 22/12/2016, the learned tribunal be directed to finally decide and dispose of the main O.A at the earliest and within reasonable time. 3. Mr. Jainish Shah, learned advocate appearing on behalf of the respondent - original applicant has requested to make suitable observation that the learned tribunal to decide and dispose of the main O.A in accordance with law and on merits without in any way being influenced by the continuation of the ad-interim order granted earlier by the Division Bench of this Court vide order dated 22/12/2016, which is to be continued till final disposal of the main O.A 4. Under the circumstances and more particularly when the present petition is against the interim order passed by the learned tribunal and the learned tribunal is yet to finally decide and dispose of the O.A on merits, it is appropriate that the learned tribunal to finally decide and dispose of the main O.A at the earliest more particularly when the entire recruitment is stayed. At the same time, without prejudice to the rights and contentions of the respective parties in the main O.A, ad-interim relief granted earlier by the Division Bench of this Court vide order dated 22/12/2016, which as such is limited interim relief staying para 16 of the impugned order dated 8/12/2016, the same may be continued till final disposal of the main O.A 5. In view of the above, present Special Civil Application stands disposed of by directing the learned tribunal to finally decide and dispose of the O.A No. 730 of 2016 at the earliest and preferably on or before 31/12/2017. Ad-interim relief granted earlier by the Division Bench of this Court vide order dated 22/12/2016 is directed to be continued till final disposal of the main O.A, however, the same shall be without prejudice to the rights and contentions of the respective parties in the main O.A The learned tribunal to finally decide and dispose of the O.A in accordance with law and on its own merits. All the concerned are directed to cooperate the learned tribunal in deciding and disposing of the O.A at the earliest and within the time stated hereinabove. 6. All the concerned are directed to cooperate the learned tribunal in deciding and disposing of the O.A at the earliest and within the time stated hereinabove. 6. With this, present Special Civil Application stands disposed of. Notice is discharged. No costs. 7. Registry is directed to send the writ of this order to the learned Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad forthwith.