KAMLAKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This Interlocutory Application is filed for recalling the order dated 22-1-1997 passed in Review Petition No. 2094 of 1995 in Special Leave Petition (Civil) No. 19257 of 1995, in view of orders dated 3-3-1997 passed in Review Petition (Civil) No. 2096 of 1995 in Special Leave Petition (Civil) No. 16646 of 1995.

(2.) This Special Leave Petition (Civil) No. 19257 of 1995 (by Kamlakar and others) and Special Leave Petition (Civil) No. 16646 of 1995 (by Chandraprakash Madhavrao Dadwa and others) were filed against the order of the Central Administrative Tribunal, Bombay in O. A. No. 625 of 1990 dated 7-3-1995. Special Leave Petition (Civil) No. 16646 of 1995 was dismissed on 1-9-1995 but later Review Petition 2096 of 1995 was filed therein. Notice was issued on 3-3-1997 and the review petition was allowed and the said case in Special Leave Petition (Civil) No. 16646 of 1995 was, after leave being granted, also allowed on 25-9-1998 (Chandra Prakash Madhav Rao Dadwa v. Union of India (1998) 87 SCC 154. That Review was allowed because of another Special Leave Petition No. 18948 of 1995 (later Civil Appeal) No. 16741 of 1995 being allowed on 9-12-1996 (Reported in AIR 1997 SC 2137).

(3.) But so far as the present Special Leave Petition No. 19257 of 1995 is concerned, it was dismissed on 8-9-95 and the Review Petition No. 2094 of 1995 was directed to be put up after disposal of Special Leave Petition No. 18948 of 1995. But unfortunately the Review Petition 2094 of 1995 was dismissed on 22-1-1997 without noticing that Special Leave Petition No. 18948 of 1995 (Civil Appeal No. 16741 of 1995) was allowed on 9-12-1996. Hence the present Interlocutory Application No. 1 was filed to recall the order dated 22-1-1997 in Review Petition No. 2094 of 1995. When Interlocutory Application No. 1 came up before Court on 9-2-1998, it was directed to be tagged with RP (C) No. 2096 of 1995 in SLP (C) No. 16646 of 1995.