UNION OF INDIA Vs. O.P. VERMA

JUDGEMENT

(1.) WITH the consent and at the request of the learned counsel for the parties, the matter has been considered finally at this stage itself. The claim made by the applicant (the respondent herein), for payment of allowance on being sent on deputation with BSNL, has been considered and decided by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur ('the CAT') in its impugned short order dated 22.07.2011 that reads, in its entirety, as under:-

(2.) WHILE taking up this matter for hearing, we find it difficult to even co-relate the submissions sought to be made by the learned counsel for the parties with the observations as made by the CAT in its order aforesaid. Admitted position does it appear that the applicant had been sent on deputation in BSNL and retired therefrom. However, the opening lines of paragraph 3 of the impugned order are rather incompatible with the given position. Secondly, the CAT appears not to have dilated upon all the factual and legal aspects of the matter; and the impugned order, to say the very least, appears to be rather an assumptive order that cannot be sustained. Thus, we are left with no option but to set aside the impugned order dated 22.07.2011 and to remand the matter with the request to the CAT to deal with the submissions sought to be made by the learned counsel for the parties and to decide the matter in accordance with law.