J.M.DESAI(RETD.) Vs. DIRECTOR, CEPT

JUDGEMENT

(1.) The original petitioner - party-in-person, Col. J.M. Desai (Retd.) - appellant herein is in appeal, challenging the judgement of the learned Single Judge dated 22.09.2015.

(2.) The appeal arises in the following factual background:

(3.) We are not in agreement with the view of the learned Single Judge. If the writ petition was maintainable, the Court would have to decide if there was any shortfall in the payment made to the petitioner by CEPT by way of service benefits or post retirement benefits. The question whether we can hold CEPT as a State within the meaning of Article 12 of the Constitution of India becomes significant. We, therefore, requested Shri Desai, party-in-person to address us on the issue of maintainability of the petition, in view of the preliminary objection which the CEPT had taken in its reply, particularly, when such an issue was raised before the learned Single Judge and no decision was rendered on such a question.