UNION OF INDIA AND OTHERS Vs. RAJESH CHATURVEDI

JUDGEMENT

(1.) We have heard learned Counsel for the parties and we have gone through the records. We gather the following fact :

(2.) The respondent before us approached the learned Tribunal with original application being No. 225 of 2001 for pensionary benefit. The said application was finally disposed of on 11th Feb., 2004 by a learned single member of the Bench by rejecting the same on merit. In the said application the respondent had filed a miscellaneous application when it was pending. While disposing of the matter learned single member did not pass any order on the miscellaneous application, viz., interlocutory application filed by the respondent (applicant before us) before the learned Tribunal. Thereafter, the learned single member of the Bench on a convenient date recalled the earlier order of dismissal and restored the matter on file.

(3.) It is an admitted position that no application for recalling of the final order was made by any of the parties. After the order was recalled, the original application being No. 225 of 2001 was heard on merit by one of the Benches of the learned Tribunal and this time prayer of the applicant was allowed by the impugned judgment and order.