UNION OF INDIA Vs. N. GOPALAKRISHNAN NAIR

JUDGEMENT

(1.) THIS original petition under Article 227 of the Constitution of India filed by the establishment revolves around the applicability of the decision of the Madras Bench of the Central Administrative Tribunal in O.A.No.27 of 1999 to this case. Special leave petition that was carried from the decision of the Madras High Court affirming that order of the Tribunal was dismissed. According to the learned Central Government Counsel, Their Lordships had left open the questions of law arising for decision in that case. Be that as it may, thereafter, the said judgment of the Madras High Court and that order of the Madras Bench of the CAT were relied on by the CAT, Ernakulam Bench while it decided O.A.No. 731 of 2005. That was affirmed by a Bench of this Court as per the judgment in WP(C) No. 7206 of 2008 dated 10.03.2008. Special leave petition filed against that, has also been dismissed, however leaving open the aforenoted issues of law.

(2.) WE have gone through the decision of the Madras High Court and that of the Madras Bench of the CAT relied on by the Ernakulam Bench of the CAT. In our considered view, we are unable to disagree with the views stated therein, and therefore, we see no ground of jurisdictional infirmity or illegality in the impugned order of the Tribunal warranting interference with it in exercise of authority under Article 227 of the Constitution of India. This original petition, therefore, fails and is, accordingly, dismissed in limine.