U.O.I Vs. U.C.SHARMA

JUDGEMENT

(1.) THE present Writ Petition is one amongst many litigations filed by the parties, herein, against each other. Instant petition has been filed by the Union of India and its functionaries challenging the order dated August 20, 2008 whereby the Tribunal has allowed the Original Application No.285/2008 filed by the respondent herein with a direction to release the increments of the respondent from 1978 till 1984 with arrears thereof within a period of 2 months from the receipt of copy of the order.

(2.) THE brief facts are that, while serving under G.E(West) Lucknow the respondent was posted to G.E (Danapur) in terms of order dated June 30, 1978. The respondent did not report to his new unit and filed civil suit No.317/1978 and 97/1981 in Civil Court, Lucknow. The Civil Suit was decided by the Civil Court on September 06, 1982 with the result the respondent was taken back on the strength of G.E (West) Lucknow on May 10, 1984.

(3.) THE petitioners challenged the aforesaid order of the authority by filing appeal, MCA No.205/1992 in the Court of District Judge, Lucknow. The Additional District Judge, Lucknow allowed the appeal of the petitioners vide order dated August 30, 1993. An application under Order 9 Rule 13 of Code of Civil Procedure was filed by the respondent before the Learned Additional District Judge, Lucknow for setting aside the judgment decree dated August 30, 1993 in MCA No.205/1992. It appears the application under 9 Rule 13 Code of Civil Procedure was allowed vide order dated January 11, 1995 setting aside the judgment dated August 30, 1993 passed in MCA No.205/1992.