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2018 DIGILAW 394 (GUJ)

MANSUR S/O KADARBHAI BLOCH v. UNION OF INDIA

2018-02-05

A.Y.KOGJE, M.R.SHAH

body2018
JUDGMENT : M.R. SHAH, J. 1. As common question of law and facts arise in both these petitions, they are disposed of by this common judgment and order. 2. RULE. Shri K.M. Parikh, learned advocate waives service of notice of rule on behalf of the respondents. 3. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties and more particularly considering the judgment and order passed by the Division Bench of this Court dated 08/07/2016 in Special Civil Application No.2684/2016 and other allied Special Civil Applications by which the Division Bench has quashed and set aside the similar orders passed in Original Application No.415/2015 and other allied Original Applications and has remanded the matters to the learned Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad for fresh decision, present petitions are taken up for final hearing today. 4. Feeling aggrieved and dissatisfied with the impugned judgment and orders passed by the learned Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad dated 22/06/2017 in Original Application No.290/2017 and Original Application No.289/2017, respective petitioners – original applicants have preferred the present petitions under Article 226 and 227 of the Constitution of India. 5. Today, when the present petitions are taken up for further hearing /final hearing, it is reported that as such the issue involved in the present Special Civil Applications is squarely covered by the judgment and order passed by the Division Bench of this Court dated 08/07/2016 in Special Civil Application No.2684/2016 and other allied Special Civil Applications by which the Division Bench of this Court has quashed and set aside the similar orders passed by the learned Central Administrative Tribunal passed in Original Application No.415/2015 and other allied Original Applications and has remanded the matters to the learned Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad and it is reported that, on remand, the said Original Applications are still pending. For the reasons stated in the common judgment and order passed by the Division Bench of this Court dated 08/07/2016 in Special Civil Application No.2684/2016 and other allied Special Civil Applications, present petitions are allowed. For the reasons stated in the common judgment and order passed by the Division Bench of this Court dated 08/07/2016 in Special Civil Application No.2684/2016 and other allied Special Civil Applications, present petitions are allowed. The impugned judgment and orders passed by the learned Central Administrative Tribunal Ahmedabad Bench, Ahmedabad dated 22/06/2017 in Original Application No.290/2017 and Original Application No.289/2017 are hereby quashed and set aside and the matters are remanded to the learned Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad to pass an appropriate order afresh in accordance with law and on its own merits in light of the observations made by the Division Bench of this Court in its judgment and order dated 08/07/2016 in Special Civil Application No.2684/2016 and other allied Special Civil Applications and Original Application No.290/2017 and Original Application No.289/2017 to be heard with Original Application No.415/2015 and other allied Original Applications, which are reported to be pending before the learned Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad. It is made clear that we have not expressed anything on merits in favour of either parties, more particularly, with respect to the legality and validity of the scheme LARSGESS and the issue on the legality and validity of the scheme LARSGESS will be at large before the learned Central Administrative Tribunal, which shall be dealt with in accordance with law and after giving an opportunity to all the concerned. 6. With this, present petitions are allowed. Rule is made absolute accordingly. No order as to costs.