Union of India challenged a CAT order allowing employees' OA in terms of a Bangalore Bench order, arguing the Supreme Court had left the question of law open. The Delhi High Court held the matter stood concluded and dismissed the petition, leaving the legal question open for other cases.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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UNION OF INDIA & ORS. ..... Petitioner Through: Mr.Rajeev Sharma, Sr.Adv. with Uddyam Mukherjee, Mr.Swapnil Pattanyak, Ms.Anuja Mishra, Advs.
Versus
ANIL KUMAR SHARMA & ORS. ..... Respondent Through:
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SACHIN DATTA
REKHA PALLI, J (ORAL)
CM APPL. 1789/2024 -Ex., CM APPL. 1790/2024 -Ex., CM APPL. 1791/2024 -LLOD.
W.P.(C) 386/2024 & CM APPL. 1788/2024 -Stay., CM APPL. 1792/2024 -Addl. doc.
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W.P.(C) 386/2024 Page 1 of 5
Central Administrative Tribunal in O.A. No.2122/2017. Vide the impugned order, the learned Tribunal has allowed the O.A preferred by the respondents by relying on the order passed by the Bangalore Bench of the learned Tribunal on 20.07.2018 in O.A.252/2017.
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W.P.(C) 386/2024 Page 2 of 5
for the petitioners it may be apposite to at the outset note the relevant extracts of the impugned order, which read as under–
”4. At this stage, learned counsel for the applicants states that the OA be decided in terms of the order passed by the Bangalore Bench of this Tribunal and the applicants shall respect the orders passed by the Hon'ble Apex Court.
5. In view of the statement made by the learned counsel for applicants, more so when the subject matter of the present O.A. and O.A. 252/2027 decided by the Bangalore Bench of this Tribunal is identical, we follow the order passed in O.A. No. 252/2017. Accordingly, this O.A. is allowed. Consequently, the Office Memoranda dated 14.01.2016, 01.04.2016, 07.06.2016, 24.01.2017 and 01.05.2017 Annexures A-1 to A-4 (colly) are quashed and set aside qua the applicants. The respondents are directed to extend the benefits in terms of the order dated 20.07.2018 with all consequential benefits.
6. It made clear the parties shall be bound by the decision passed by the Hon'ble Apex Court in SLP filed by Diary No. 42197/2022, so pending mentioned above.”
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W.P.(C) 386/2024 Page 3 of 5
they would be bound by the orders passed in their pending SLP. emerges that the learned Tribunal, in view of the statement made by.
9. We may now note the order passed by the Apex Court on 03.02.2023 whereby the aforesaid SLP preferred by the petitioner was dismissed. The same reads as under-
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W.P.(C) 386/2024 Page 4 of 5
pending or future cases where similar relief is being sought by any other employee. It is, however, made clear that objections, if any raised by the petitioners will be considered by the appropriate Court on its own merits.
REKHA PALLI, J
SACHIN DATTA, J
JANUARY 11, 2024 sr
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W.P.(C) 386/2024 Page 5 of 5
1 issue framed by the court
Whether the writ petition could assail a Tribunal order passed in terms of an earlier Bangalore Bench order whose SLP was dismissed with the question of law left open.
1 provisions across 1 enactments
Union of India & Ors.
Anil Kumar Sharma & Ors.
Rekha Palli
Sachin Datta
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
