PRABHAKANT AYODHYAPRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) O.A.No.524 of 1998 with Miscellaneous Application Stamp No. 685 of 2000, M.A.No.752 of 2000, M.A.No.670 of 2000 and M.A.No.59 of 2001 were decided by the Central Administrative Tribunal, Ahmedabad Bench, on 12.3.2001 as have been filed by the 4 petitioners i.e. Mr.Prabhakant Ayodhyaprasad, Mr.Amardeep Kapoorsingh, Mr.O.P.Sharma & Mr.Ranjitsingh Ratansingh. Out of these 4 applicants who were there before Central Administrative Tribunal, 2 petitioners i.e.Mr.Prabhakant Ayodhyaprasad and Mr.Amardeep Kapoorsingh have filed Special Civil Application No.2600 of 2001 and the other 2 petitioners i.e. Mr.O.P.Sharma & Mr.Ranjitsingh Ratansingh have filed Special Civil Application No. 2601 of 2001 against the very same judgements. Both these petitioners were filed on 10.4.2001 and whereas both these petitions are directed against the same order passed by the Central Administrative Tribunal, it is proposed to decide both these petitions by a common judgement and order as under.

(2.) Both these matters came up before this Court on 11.4.2001. The Court (Coram: J.N.Bhatt & A.M.Kapadia, JJ) in view of the caveat entered on behalf of the respondents made the matters to stand over to 16.4.2001 with the order that any change in the present position till the next hearing takes place will be subject to the orders hat may be recorded on the next date. Thereafter, on 25.4.2001, the same bench adjourned the matter to 2.5.2001. The matters then came up before us on 22nd June, 2001 on which date in addition to the caveat entered on behalf of the respondent no.1 & 2, Mr.Akil Qureshi's appearance was also made. Mr.Girish Patel with Mr.Shalin Mehta appeared for the respondents no.3 to 6. On behalf of all the parties, a request was made that the matters may be finally heard. The notice was then issued in both the petitions and the service was waived on behalf of the respondent nos.1 to 6 by their respective counsel representing them who had entered caveat and by Mr.Parmar who appeared on behalf of respondent no.9 and 10 in each of these 2 petitions. The notice was therefore issued to rest of the respondents i.e. respondents no.7 & 8 only stating therein that the hearing of the Special Civil Applications will take place on 11.7.2001 at 11:00 a.m. peremptorily and that if no appearance is made, the petitions will be determined in absence of the parties. It was submitted that the respondent nos.1 to 6, 9 & 10 are duly represented and infact respondent no.9 and 10 in Special Civil Application No. 2600 of 2001 are supporting the petitioners and similarly, respondent no.9 and 10 in Special Civil Application No. 2601 of 2001 are also supporting the petitioners. The respondent no.7 who is said to have retired belongs to the same class as that of respondent nos.3 to 6 and respondent no.8 i.e. Indian Revenue Service Association is only a formal party which is supporting the cause of the petitioners in both these matters. Hence on the request of the parties, the notice issued on 22.6.2001 was treated as sufficient for final disposal and as requested by the parties, the matter was taken up for final hearing.

(3.) The affidavit in reply dated 13.4.2001 was filed on behalf of the respondent no.1 & 2 and affidavit in reply dated 16.4.2001 has been filed by Shri K.P.Samuel and a further affidavit dated 31.7.2001 has also been filed by the respondent no.4 i.e. Mr.K.P.Samuel in Special Civil Application No. 2600 of 2001. Similarly, in Special Civil Application No. 2601 of 2001, an affidavit in reply dated 13.4.2001 has been filed on behalf of respondent nos.1 & 2 and affidavit in reply dated 2.5.2001 has been filed on behalf of respondent no.4, Shri K.P.Samuel and further affidavit in reply has been filed on 13.7.2001 by respondent no.4 i.e. Mr.K.P.Samuel. On the basis of the pleadings as aforesaid, the parties have proceeded to argue the matter finally before us and the matter has been argued on several dates and arguments were concluded on 14.8.2001.