UNION OF INDIA Vs. SATISHCHANDRA LAXMISHANKER DAVE

JUDGEMENT

(1.) ON the joint request of learned advocates for the parties, "The Secretary, Union Public Service Commission" is ordered to be deleted from the cause -title of both the petitions. Rule. Learned advocate Mr.K.L.Dave waives service of Rule on behalf of respondent No.1 in Special Civil Application No.9486 of 2008. Learned Central Government Counsel Mr.R.M.Chhaya waives service of Rule on behalf of respondent No.1 in Special Civil Application No.10003 of 2007. At the request of learned advocates for the parties, the petitions are taken up for final hearing today.

(2.) SPECIAL Civil Application No.9486 of 2008 is preferred by the Union of India and another challenging the legality, validity and propriety of orders passed by the Central Administrative Tribunal, Ahmedabad, in Original Application No.524 of 1999 on November 27, 2003, and also the order passed in Miscellaneous Application No.159 of 2003 dated March 20, 2006, on the ground that both the orders run contrary to the provisions of Rules applicable and the UPSC (Exemption from Consultation) Regulations, 1958, and CCS (Pension) Rules, 1972, in particular.

(3.) THE facts of the case, emerging from Special Civil Application No.9486 of 2008, in brief, are that respondent No.1 joined the petitioners' services as Group -"B" Officer (AMEO) on May 25, 1965. He became Group -"A" Officer in May 1977 and attained the age of superannuation on August 31, 1996.