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CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
R.A No.15/2021
in
O.A. No. 348/2018
Chandigarh, this the 7th day of December, 2023
HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON’BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
Union Territory, Chandigarh Administration, through its
Special Secretary, Personnel, Chandigarh
…Applicant
(BY ADVOCATE: Sh. Aseem Rai)
VERSUS
1. Amit Sharma son of Meghnath Sharma, aged about 24
years,
resident
of
House
No.422,
Sector
33A,
Chandigarh.
2. Madhur son of Arun Kumar, aged about 27 years,
resident of House No.1665, Sector 23B, Chandigarh.
3. Ashish Kaushal sonof Mohan Lal Kaushal, aged about
26 years, resident of House No.226, Housing Board
Colony, Sector-19, Panchkula.
4. Ketan Bhandari son of Surinder Singh Bhandari, aged
about 22 years, resident of House No.256, Krishna
Enclave, Dhakoli, Zirakpur, Punjab.
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5. Lokesh Kumar son of Anil Kumar, aged about 25
years, resident of House No.3299, Sector 23D,
Chandigarh.
6. Sunil Vimal son of Hari Singh, aged about 31 years,
resident of House No.434, Gulmohar City, Badala
Road, Sector-115, Kharar.
7. Harminder Singh son of Satpal, aged about 26 years,
resident of House No.4060, Sector 37C, Chandigarh.
8. Subham Rawat son of Kuldeep Singh Rawat, aged
about 24 years, resident of House No.6101, Modern
Housing Complex, Manimajra, Chandigarh.
9. Prashant Singh Bisht son of Lakhan Singh, aged about
27 years, resident of House No.2152, Sector 42C,
Chandigarh.
10. Suruchi Kohli daughter of Jasbir Singh, aged about 25
years,
resident
of
House
No.220,
Sector-18,
Panchkula.
11. Avinash Kumar son of Hira Lal, aged about 26 years,
resident
of
Chanan
Dharamshala,
Sector-15,
Chandigarh.
12. Hemlata daughter of Daya Ram, aged about 27
years,
resident
of
House
No.203,
Sector-41A,
Chandigarh.
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13. Yudhbir son of Satbir, aged about 24 years, resident
of House No.3299, Sector 23D, Chandigarh.
14. Gaurav son of Tarsem Chand, aged about 23 years,
resident of House No.135, Sector-11, Panchkula.
15. Vijay son of Balram Singh, aged about 23 years,
resident of House No.2063A, Sector 24C, Chandigarh.
16. Sudhir son of Gyan Singh, aged about 23 years,
resident of Village Sarangpur, Chandigarh.
All applicants belong to group C (Clerk & Typist)
...Respondents
(BY ADVOCATE: Sh. Fateh Singh Dhillon proxy for Sh.
Gagneshwar Walia)
Per: SURESH KUMAR BATRA, MEMBER (J):
1. The review applicant (respondent in O.A) has filed instant
Review Application seeking review/recall of order dated
17.05.2019 passed by this Tribunal, whereby the Single Bench
of this Tribunal has allowed the O.A.
2. It has been submitted that order dated 17.05.2019
(Annexure RA-1) in O.A No.348/2018 was passed by learned
Single Bench, which was challenged by the respondents before
the Hon’ble Punjab and Haryana High Court by filing CWP
No.3071/2021 in which the Hon’ble High Court after perusing
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the order dated 08.09.2016 (Annexure RA-2) issued by
Hon’ble Chairman of CAT, held that the subject matter raised
in the said O.A could not have been decided by a Single Bench.
To that extent the order was coram non-judice. The Hon’ble
High Court vide order dated 04.03.2021 relegated the matter
to this Tribunal with liberty to the petitioner (respondents in
O.A) to move an appropriate application. A copy of Hon’ble
High Court order dated 04.03.2021 is annexed as Annexure
RA-3.
3. In the wake of aforesaid, the present Review Application
has been filed praying that a Single Bench of this Tribunal
cannot adjudicate upon matters pertaining to fixation of pay as
per order dated 08.09.2016 (Annexure RA-2).
4. Learned counsel for the R.A applicant relied on various
judgments, i.e., United Commercial Bank Ltd. v Their
Workmen [AIR 1951 SC 230], Smt. Nai Bahu v Lal
Ramnarayan & Ors., [AIR 1978 SC 22], Natraj Studios (P)
Ltd. v Navrang Studios & Anr [AIR 1981 SC 537] and
Kondiba Dagadu Kadam v Savitribai Sopan Gujar & Ors.,
[AIR 1999 SC 2213] submitting that if a court passes a decree
having no jurisdiction over the matter, it would amount to
nullity as the matter goes to the roots of the cause.
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5. We have heard learned counsel for both the parties and
perused the material available on records.
6. In view of the aforesaid discussion, the Review Application
is allowed. The order dated 17.05.2019 is recalled. The O.A is
restored to its original number and listed for hearing on
18.01.2024.
(RASHMI SAXENA SAHNI)
(SURESH KUMAR BATRA)
Member (A)
Member (J)
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