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Union Of India Thru' Secy. Communication And Others v. Narvadeshwar Tiwari - WRIT - A No. 68378 of 2005 [2005] RD-AH 5081 (27 October 2005)


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Court no. 34

Civil Misc. Writ Petition no. 68378 of 2005

Union of India and others vs. Narvadeshwar Tiwari


Hon'ble Dr.B.S. Chauhan, J.

Hon'ble Bharati Sapru, J.

This writ petition has been filed against the judgment and order dated 20.1.2005 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad by which the O.A. no.1105 of 2004 of the respondent employee has been allowed on the ground that since the present petitioner himself had taken a decision to adjust him against Group D vacancies of 1993, he could not have been deprived of the right created in his favour subsequently. We do not find any force in the writ petition and it is liable to be dismissed.

However Sri K.C. Sinha, learned Addl. Solicitor General of India has submitted that the grievance of the present petitioner is that the respondent employee has not completed ten years in the Group D cadre and as such he would not be entitled to earn any pension. Therefore even if the compliance of the said impugned judgment and order is made, it will not render any help to the said employee. As the said issue has never been raised before the learned Tribunal, we are not inclined to entertain this aspect in the present proceedings. In case the learned counsel for the petitioner has raised the said issue before the Tribunal and the same has not been dealt with by the learned Tribunal, it is open to the present petitioner to approach the Tribunal by filing a review application.

With these observations, the writ petition stands disposed of.

Dated  27.10.2005



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