UNION OF INDIA Vs. HEERA LAL

JUDGEMENT

(1.) WITH the consent and at the request of learned counsel for the parties we have heard the matter finally at this stage itself. After having heard the learned counsel for the parties and having perused the material placed on record, we have formed an opinion that fundamentally for the reason of the Central Administrative Tribunal, Jodhpur Bench, Jodhpur ('the CAT'), while passing the impugned order dated 13.05.2011 in Original Application ('OA') No.271/2010, having not taken into consideration the binding decision of the Hon'ble Supreme Court in Secretary, Ministry of Communications & Ors. Vs. Sakkubai & Anr: (1997) 11 SCC 224 and so also having not considered several other aspects, the matter is required to be remanded for reconsideration. In this view of the matter, it does not appear necessary to dilate much on the facts of the case. Only a brief reference to the background aspects would suffice.

(2.) THE applicant (respondent herein), working as Gardner in the office of Superintendent of Post Offices, Divisional Office, Sriganganagar, filed the OA leading to this writ petition while claiming the following reliefs:

(3.) THE parties through their respective counsel shall stand at notice to appear before the CAT in the aforesaid OA on 18.09.2012.