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2023 Supreme(Del) 5110

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Mahesh Chand Bhateley – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. D. K. Sharma, Mr. Mohit Gemini, Mr. Himanshu Kaushik, Mr. Harish Kaushik and Mr. Dovy Bhati, Advocates, for the Petitioners.
Mr. S.M. Arif, Ms. Shabnam Perween and Mr. S.M. Aatif, Advocates, for the Respondents.

JUDGMENT

V. Kameswar Rao (Oral)

CM APPL. 2537/2023

1. This is an application seeking early hearing of the writ petition on the ground that petitioner No. 4 namely Naresh Kumar Gemini is retiring on May 31, 2023 and petitioner Nos. 1, 3 and 6 have already retired from service and their gratuity, which is payable post retirement, has been withheld.

2. For the reasons stated in the application, the same is allowed and writ petition is taken up for hearing.

3. Application stands disposed of.

W.P.(C) 3311/2019

4. The challenge in this petition is to an order dated February 05, 2019 passed by the Central Administrative Tribunal (`Tribunal', in short) in R.A. No. 39/2019 in O.A. No. 884/2018. Concedingly, the order dated December 03, 2018, by which the O.A. No. 884/2018 was dismissed, has not been challenged.

5. The submission of learned counsel for the petitioners is that order dated December 03, 2018 has merged in the order of review dated February 5, 2019. Though, we do not agree with the submission of the learned counsel for the petitioners in that regard, as we have been informed that three petitioners have already retired and petitioner No. 4 is also retiring on May 31, 2023, we w

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