SHAIKH JABBAR ABBAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE matter was posted today for confirmation of interim relief but in the light of the objection taken by the respondents that petitioner has adequate and efficacious remedy of challenging the order of reversion before the Central Administrative Tribunal (the Tribunal) under section 19 of Administrative Tribunals Act, 1985 (for short, "act of 1985"), we thought it fit and proper to decide the writ petition finally.

(2.) THE petitioner principally is aggrieved by the order dated 27-6-2002 whereby he has been reverted from the post of junior clerk to the post of Helper/khalasi. The said order dated 27-6-2002 seems to be based on the order of the Tribunal dated 13-12-2001 passed in Original Application No. 945/1977 in which petitioner was not party. The petitioner challenges the said order of Tribunal passed on 13-12-2001 as well before us.

(3.) BY office order dated 7-6-1996 the petitioner who was working as Helper/khalasi and had already empanelled as office clerk was promoted from class IV to class III as junior clerk and posted at Solapur. One Shri Ahemadali Mohiddin filed Original Application No. 945/1977 before the Central Administrative Tribunal, Mumbai Bench, Mumbai. In the said original application besides Union of India, the Divisional Railway Manager and the Assistant Engineer (respondent Nos. 1, 2 and 3 respectively), Shri Sham Hanmanthu was impleaded as respondent No. 4. The said Ahemadali Mohiddin in the original application filed before the Central Administrative Tribunal sought direction that he be held to have passed selection for class III service and placed above Shri Sham Hanmanthu with consequential benefits. The Tribunal by its order dated 13-12-2001 disposed of original application thus:-7. In the light of the foregoing discussions, we dispose of this O. A. with a direction to respondents to consider applicants case for selection for group C category with effect from the date on which Shri Sham Hanmanthu was so considered, in accordance with the rules and instructions on the subject, under intimation to applicant within three months from the date of receipt of a copy of this order and to extent to applicant such consequential benefits as will flow in accordance with those rules and instructions. However, if anybody is adversely affected by the implementation of these instructions, he should be given an opportunity of being heard before the directions are implemented. The O. A. stands disposed of accordingly. No costs.