DADAMBEN Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard learned counsel Mr.Chinmay Gandhi for the petitioner and Mr. Anshin H. Desai for the respondents.

(2.) MANBAHADUR Dhaniram Nepali was dismissed from service along with 28 persons on 18.12.1985. 28 persons filed a writ petition, being Special Civil Application No.7516 of 1992, which was allowed on 2.8.2004. 28 petitioners who filed the writ petition were granted relief and their dismissal order was set aside and they were directed to be reinstated on the posts which they were holding prior to their dismissal. It was further directed that they shall be deemed to be in continuous service throughout and entitled to all consequential benefits, including salary and allowances revised from time to time and promotions and occupation of quarters in which they are residing shall not be treated to be unauthorised. The judgment of the Division Bench of this Court was challenged by the respondents by filing Special Leave to Appeal (Civil) No.24650 of 2004, which was summarily dismissed on 10.12.2004. All the 28 employees (petitioners in Special Civil Application No.7516 of 1992) were taken back in service and accordingly, the judgment of the Division Bench of this Court was complied.

(3.) THE case of the petitioner is that since the relief has been granted to 28 similarly employees, the petitioner, being similarly situated, is also entitled for the same. THE petitioner was dismissed from service in 1985. Other petitioners of Special Civil Application No.7516 of 1992, have been granted relief in the year 2004. This petition has been filed by the petitioner in the year 2005 after the SLP was dismissed by the Hon'ble Apex Court. THE learned counsel for the petitioner has urged that the writ petition filed by the petitioner would be maintainable and the petitioner is also entitled for the same relief which has been granted to other similarly situated petitioners of Special Civil Application No.7516 of 1992.