LAWS(ORI)-2010-6-29

UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

Decided On June 21, 2010
UNION OF INDIA Appellant
V/S
CENTRAL ADMINISTRATIVE TRIBUNAL Respondents

JUDGEMENT

(1.) UNION of India, represented by the General Manager, S.E. Railways and two others have filed these writ applications, inter alia, praying to quash the common Judgment dated 20.2.2002 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 74 of 2001 and 14 other cases. The subject matter of controversy as well as the point of law involved in all these writ applications being one and the same, as requested by Learned Counsel for both the parties, they are heard together and disposed of by this common Judgment.

(2.) BEREFT of unnecessary details, the short facts, which are necessary for effectual adjudication are as follows:

(3.) AFTER receiving notice, a counter affidavit was filed by the Railways before the Tribunal taking the stand that the policy did not stipulate that a member of the displaced family would be given appointment. On the other hand, it stipulated that their applications shall be treated on preferential basis. In other words, if all other conditions are same between a direct recruitee arid the son/daughter of a land oustee, preference shall be given to the latter.