LOVELY C KRISHNA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE petitioner has filed the present writ petition to quash the order dated 16.08.2005 passed in O.A.No,617 of 2005 by the Central Administrative Tribunal (shortly the Tribunal) upholding the notification in Memo No.B II / 264 dated 20.07.2005 issued by the third respondent.

(2.) THE brief facts leading to the filing of the writ petition are as follows:-

(3.) THE learned counsel for the petitioner states that the writ petition in W.P.No,31702 of 2004 filed against the order dated 05.08.2004 made in O.A.No,392 of 2004 was also disposed in the aforesaid batch of writ petitions reported in 2006 (1) CTC 25. THE learned counsel for the petitioner also brought to our notice that the Tribunal dismissed the O.A.No,617 of 2005, taking into account that the order dated 05.08.2004 in O.A.No,392 of 2004 was stayed by this Court on 02.11.2004 in W.P.No,31702 of 2004. While dismissing the said Original Application, the Tribunal also noted that the Full Bench decision of the Tribunal in O.A.No,436 of 2003 dated 05.03.2004 was also stayed by this Court on 16.08.2004 in W.P.M.P.No,28394 of 2004 in W.P.No,23447 of 2004. THE learned counsel for the petitioner further states that both the writ petitions in W.P.Nos.23447 and 31702 of 2004 form part of the batch of writ petitions that was disposed of in the decision reported in 2006 (1) CTC 25. He further states that the respondents took up the matter to the Apex Court and though the Special Leave Petition was admitted, no interim stay was granted. THErefore, the petitioner prays that the present writ petition may be disposed in terms of the judgment reported in 2006 (1) CTC 25, for, the benefit of regularization given under the dovetailed list scheme is subject to the result of the case pending in the Apex Court against the said judgment.