COMMANDER AND ORS. Vs. BHUPENDRA KARDAM AND ORS.

JUDGEMENT

(1.) CM No. 6338/2015 in Review Petition No. 554/2013.

(2.) THE present application has been filed by Mahesh Kumar, respondent No. 7, Ajay Pal respondent No. 8, Suresh Kumar respondent No. 9, Radhey Shyam respondent No. 10 and Mr. Ranjan Kumar, respondent No. 12 in the Writ Petition making a prayer for recall of order dated October 31, 2013 in Review Petition No. 554/2013, order dated November 12, 2013 in WP (C) No. 3381/2002 with a further prayer to restore the order dated August 22, 2013. The Writ Petition was filed by the Commander Works Engineer (AF, Palam, Delhi Cantt.) challenging the order of the Central Administrative Tribunal (for short the "Tribunal") whereby the Tribunal had set aside the selection of respondent Nos. 7 to 13 including the applicants as Mazdoors. The Writ Petition was allowed by this Court on August 22, 2013 and the order of the Tribunal was set aside.

(3.) THE learned Senior Counsel for the petitioner would state, the application in the present form is maintainable de -hors the fact, the Supreme Court had dismissed the SLP filed by the petitioners herein. According to him, the Supreme Court, dismissed the SLP's with an order simplicitor without referring to the merits. After the dismissal of the SLP, each of the applicants were issued show cause notice by the petitioner/department as to why their services be not terminated. According to him, the proposed action of the petitioners/department, based on a finding of the Tribunal on the alleged illegalities pointed out by the respondent Nos. 1 to 6 i.e non -selectees in the Review Petition are not correct. He has drawn our attention to para 14 of the application to contend none of the applicants relatives were part of the Selection Committee nor directly/indirectly concerned with the same. He also pleaded, that the applicants are the only earning members in their family and have a family to support and after termination of their services, the applicants would not be able to get any other employment being over aged.