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HIGH COURT OF KERALA
S.V. BHATTI, BASANT BALAJI, JJ
UNION OF INDIA – Appellant
Versus
C.GIRISHAN – Respondent
OP (CAT) 186 2015
Judicial Review - Central Administrative Tribunal - Section 19 of the Administrative Tribunals Act, 1985 - This case reflects the court's application of the principles guiding the review of decisions made by the Central Administrative Tribunal, emphasizing precedential adherence in administrative law.
Fact of the Case:
This case involves a revision application before the court challenging an order from the Central Administrative Tribunal. The petitioner sought relief based on situational aspects that had previously been adjudicated.
Issues: Whether the previous judgment applies to the current case and necessitates the remittal of the matter to the Central Administrative Tribunal for reconsideration.
Ratio Decidendi: The court concluded that adherence to established precedent is essential for uniformity in the legal approach to similar cases, thereby directing a remittance of the matter.
Final Decision: The challenged order is set aside and the matter is remitted to the Central Administrative Tribunal for fresh consideration.
J U D G M E N T
S.V. Bhatti, J.
We have heard Adv N K Subramanian, Standing Counsel for Railways and Adv Krishnadas P Nair for the parties.
2. It is stated that the issue in the present O.P.(CAT) is covered by the judgment dated 23.11.2015 in O.P.(CAT)
No.84/2014.
3. The statement is placed on record, and following the judgment dated 23.11.2015 in O.P.(CAT) No.84/2014, the order under challenge is set aside. The matter is remitted to the Central Administrative Tribunal for consideration and disposal afresh.
The Registry is directed to communicate the judgment forthwith.
Sd/-
S.V.BHATTI JUDGE Sd/-
BASANT BALAJI JUDGE jjj APPENDIX OF OP (CAT) 186/2015 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE O.A.NO.469 OF 2012 FILED BY THE
1ST RESPONDENT ON THE FILES OF THE HONOURABLE TRIBUNAL.
Annexure A1 A TRUE COPY OF OFFICE ORDER BEARING NO.J/PR32/2012 DATED 01.06.2012 ISSUED BY THE 3RD RESPONDENT.
Annexure A7 A TRUE COPY OF THE RAILWAY BOARD ORDER BEARING RBE NO.33/2002 DATED 08.03.2002.
Annexure A2 A TRUE COPY OF LETTER BEARING NO.J/P612/V/PR/VOL-VI DATED 11.01.2012 AS CIRCULATED BY THE 3RD RESPONDENT.
Annexure A3 A TRUE COPY OF REPRESENTATION ADDRESSED TO THE
3RD RESPONDENT, DATED 30.03.2012.
Annexure A4 A TRUE COPY OF REPRESENTATION ADDRESSED TO THE
3RD RESPONDENT, DATED 27.03.2012.
Annexure A5 A TRUE COPY OF RBE NO.36/97 DATED 28.02.1997.
Annexure A6 A TRUE COPY OF RBE NO.106/98 DATED 15.05.1998.
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT ALONG WITH THE ANNEXURES.
Annexure R1 A STATEMENT SHOWING THE SERVICE DETAILS OF THE APPLICANTS AND RESPONDENTS 4 TO 8.
Annexure R2 A TRUE COPY OF RAILWAY BOARD'S LETTER NO.99-
E(SCT)25/13 DATED 20.06.2003.
Annexure R3 A TRUE COPY OF RAILWAY BOARD'S LETTER NO.PC-
III/2004/CRC/7 DATED 06.04.2004.
Exhibit P3 TRUE COPY OF MA NO.180/00882/2014 FILED BY THE APPLICANT NO.1 IN OA No.469/2012 .
Exhibit P4 TRUE COPY OF THE ORDER DATED 10.06.2015 PASSED BY THE HONOURABLE TRIBUNAL IN OA No.469/2012 .
Exhibit P5 A TRUE COPY OF THE LETTER DATED 29.03.2007 ISSUED BY THE DEPARTMENT OF PERSONNEL AND TRAINING.
Exhibit P6 A TRUE COPY OF THE HON'BLE TRIBUNAL'S COMMON ORDER DATED 29.03.2011 IN OA NO.794/2007 AND OTHER SIMILAR CASES.
Exhibit P7 A TRUE COPY OF THE HON'BLE TRIBUNAL'S COMMON ORDER DATED 06.01.2014 IN OA NO.793/2007 AND OTHER SIMILAR CASES.
Exhibit P8 A TRUE COPY OF HON'BLE TRIBUNAL, MADRAS BENCH'S COMMON ORDER DATED 10.01.2007 IN OA NO.1130/2004 AND SIMILAR CASES.
Exhibit P9 A TRUE COPY OF HON'BLE HIGH COURT'S COMMON JUDGMENT DATED 20.07.2015 IN OP(CAT)NO.2258/2012 AND OTHER SIMILAR ORIGINAL PETITIONS.
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