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2023 Supreme(All) 1092

ATTAU RAHMAN MASOODI, OM PRAKASH SHUKLA
Surendra Kumar – Appellant
Versus
Union of India Thru. Secy. Ministry of Finance, New Delhi – Respondent


Advocates Appeared:
For the Petitioner: Ajay Pandey.
For the Respondent: A.S.G.I., Kushagra Dikshit.

JUDGMENT :

Om Prakash Shukla, J.

A. INTRODUCTION

1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, with the following reliefs :

    i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 13.03.2023 passed by the Central Administrative Tribunal, Lucknow in review application No. 20/2016 in Original Application No. 561/2005, Surendra Kumar Vs. Union of India and others.

ii. Issue a writ, order or direction in the nature of mandamus directing the Central Administrative Tribunal, Lucknow to decide the review application No. 20/2016 in Original Application No. 561/2005, Surendra Kumar Vs. Union of India and others on merits.”

B. FACTUAL MATRIX

2. In the year 2001, the petitioner was engaged as daily wage casual labour under the Joint Commissioner, Income Tax, Faizabad and continued to work as such till his services was terminated orally w.e.f. 02.09.2005.

3. The aforesaid oral order of termination w.e.f. 02.09.2005 was challenged by the petitioner by preferring Original Application No. 561 of 2005 before the Central Administrative Tribunal, Lucknow (hereinafter referred to as ‘the Tribunal”). The Tribuna

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