Harish Chandra Yadav
Vs. Union of India & ANR. [2009] INSC 1047 (13 May 2009)
Judgment
SUPREME COURT OF
INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil)
No(s).9547/2007 (From the judgement and order dated 07/12/2004 in CMWP No.
20486/2001 & CMRA No.
43037/2005 of The
HIGH COURT OF JUDICATURE AT ALLAHABAD) HARISH CHANDRA YADAV Petitioner(s)
VERSUS UNION OF INDIA & ANR. Respondent(s) (With office report ) Date:
13/05/2009 This Petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE
ALTAMAS KABIR HON'BLE MR. JUSTICE CYRIAC JOSEPH For Petitioner(s) Mr. Pramod
Kumar Yadav,Adv.
Mr. S.P. Sharma,Adv.
Mr. Rameshwar Prasad
Goyal,Adv.
For Respondent(s) Mr.
Harish Chandra,Sr.Adv.
Mr. Kul Bharat,Adv.
Ms. Shalini
Kumar,Adv.
Mr. A.K. Sharma,Adv.
Mr. D.S. Mahra,Adv.
UPON hearing counsel
the Court made the following ORDER Leave granted. The appeal is disposed of in
terms of the signed order.
(Ganga Thakur) (
Juginder Kaur ) P.S. to Registrar Court Master Signed order is placed on the
file.
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3569 OF 2009 (Arising
out of SLP(C) No.9547/07) HARISH CHANDRA YADAV ...APPELLANT(S) Versus ORDER
Leave granted.
This appeal is
directed against the order of the Allahabad High Court, in writ petition No.
20486/01, challenging the order passed by the Central Administrative Tribunal,
Allahabad, in O.A. No. 967/97, dismissing the appellant's Original Application
for non-compliance of the Court's order regarding supplying of correct
addresses of the respondents Nos. 1 & 2 before the Tribunal.
The High Court while
considering the matter had also taken into consideration the submission which
appears to have been made that the appellant had filed his claim petition after
a lapse of 17 years which is disputed by the appellant. Furthermore, the High
Court has also taken into consideration the counter affidavit filed in the writ
petition where it had been indicated that the appellant had worked for 120 days
in the year 1980.
The second part of
the High Court's order was not really the subject matter of the proceedings
before the High Court.
-2- Having heard
learned counsel for the respective parties, we set aside the orders passed by
the High Court as well as the Tribunal and direct the Tribunal to consider the
appellant's revisional application No.967/97 afresh, upon the appellant
supplying the correct addresses of the respondents Nos. 1 and 2 within one
month from the date of the communication of this order. In the event the
correct addresses are not supplied within the said period, this order shall cease
to be operative and the appeal shall stand dismissed.
The appeal is
disposed of.
.....................J.
( ALTAMAS KABIR )
.....................J.
( CYRIAC JOSEPH )
New
Delhi,
May
13,2009.
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