Reliance has been placed in paragraph 94 of the aforesaid judgment which reads as under at page 1155 (of AIR):—, “The directions issued by us in respect of making the decisions of Tribunals amenable to scrutiny before a Division Bench of the respective High Courts will, however, come into effect prospectively i.e will apply to decisions rendered hereafter. Click here to remove this judgment from your profile. 479 of 1993 has been set aside has held that the appeals are disposed of with the direction given in the case of Usha Kumari Anand and the respondents were directed to examine the case of the appellants in accordance with the directions contained in paras 37 and 38 of the Tribunal's judgment in that matter. „í „í ™N ÿÿ ÿÿ ÿÿ ¤ J J J J J J J ^ æ. 3. Now coming to the facts of the present case, it is clear that the controversy as to whether Voluntary Ticket Collectors and Mobile Booking Clerks were entitled for the benefit of the Circular of Railway dated 6-2-1990 stands settled under the judgment dated 27 July, 1995 passed by Hon'ble Supreme Court. Don’t rush for stay before trying other legal possibilities. 5. Order of tribunal rejecting the O.As was also set aside by Hon'ble Supreme Court. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. 1642 of 1994 and ten other cases with direction to respondents, is to consider the claim of applicants and to give same benefit which is available to the other candidates under the judgment of the Hon'ble Supreme Court dated 27 July, 1995 in civil appeal arising out of S.L.P (C) Nos. V. HALL, ORLANDO . Seals. In the facts and circumstances of the case, review petition was not legally maintainable. Sachhidanand Dass and another, (1995) Sup. Devi, reported in AIR 1979 All 274. 20A102 BARR, ATT’Y GEN., ET AL. 3. 479 of 1992. This should be done within six weeks. In the case of State of Maharashtra v. Prabhakar Bhikaji Ingle, 1996 (3) JT (SC) 567 : (1996) 3 SCC 463 : (AIR 1996 SC 3069) this Court held that when a special leave petition from the order of the Tribunal was dismissed by a non-speaking order, the main order was confirmed by the Supreme Court. contains alphabet), Union Of India And Others v. Central Administrative Tribunal And Another. Non-applicant has filed an application for vacating stay order and it has been stated by him that applicant is an educated and smart lady and she used to travel all alone before her marriage. Paragraph No. It has been submitted that admission of a review application only means that the Court is satisfied about the merit of the applications but still after hearing both the parties the Court may reject the review application. The legal position in the present case is that the order dated 4 November, 1996 has been passed following the order of the Hon'ble Supreme Court and reliefs have been granted following the judgment of Hon'ble Supreme Court. To maintain the sanctity of judicial proceedings, we have invoked the doctrine of prospective overruling so as not to disturb the procedure in relation to decisions already rendered.”. The order of the Tribunal under appeal is, accordingly, set aside. Learned counsel has further submitted that the controversy in this writ petition stands concluded by judgments of Hon'ble Supreme Court which have been followed by the learned Tribunal, neither the review application was maintainable nor this writ petition is maintainable. provisions of Section 22(3)(f) and Rule 17, Civil Misc Writ Petition No. 14756-61 of 1993, 11631 of 1994 and 20114 of 1993. A bunch of 73 such cases, leading case of which was O.A No. It is only when the review application is allowed that the original proceeding is reopened then it could be said that the judgment is put to jeopardy. 11. The application to … Tribunal dismissed these O.As following its order passed on the review application. Learned counsel for the petitioners, on the other hand, submitted that against the order of the Tribunal a review application is maintainable in view of the provisions contained in Section 22(3)(f) of Administrative Tribunal Act, 1985, hereinafter referred to as ‘Act’ read with Rule 17 of Administrative Tribunal (Procedue) Rules, 1987. The legal position cannot be said to be different in respect of this writ petition seeking judicial review from this Court in exercise of powers under Article 226 of the Constitution. 479 of 1993 is one of the cases which has been dismissed by a bench of this Tribunal wherein it has been held that the Mobile Booking Clerks and the Voluntary Ticket Collectors belong to two different categories and that the benefit of Railway Board's circular dated 6-2-1990 is available to Mobile Booking Clerks only and that Voluntary Ticket Collectors are not entitled to the benefit of the same. 28 April 2013 plaintiff filed civil suit for mandatory injunction but even after 3 yrs has not filed evidence, i want to vacate the interim stay order pl. The order reads as under:—, Learned counsel state that the matters are covered by the judgment of this Court in Civil Appeals arising out of SLP (C) Nos. The Opposite Party will have to be heard. “O.A No. Get 1 point on adding a valid citation to this judgment. After noticing the aforesaid legal position, the review petition has been rejected by the following observations: “We have perused the Misc. provisions contained in Section 22(3)(f) of Administrative Tribunal Act, 1985, hereinafter referred to as Act read with Rule 17 of Administrative Tribunal (Procedue) Rules, 1987. ACT 12] Land Revenue 435 21. This Court held that after an order of this Court dismissing the S.L.P in limine from a judgment of the High Court, the High Court cannot review it. These applications therefore, will abide by the decision of Hon'ble Supreme Court in Civil Appeal referred to above. Therefore, any person (inter alia) who considers himself aggrieved by a decree or order from which an appeal is allowed, but from which no appeal has been preferred can apply for review under Order 47, Rule 1(1)(a). The Hon'ble Supreme Court, thus, by setting aside the judgment of this Tribunal in O.A No. From perusal of the provisions contained in CI, (f) of Section 22(3) of the Act read with Rule 17 of the Rules, there is no doubt that the review application filed by petitioners was maintainable before the Tribunal. In this writ petition, notices were issued to the respondents by order dated 9-2-98 and the implementation of the orders of the Central Administrative Tribunal impugned in this writ petition was directed to be kept in abeyance till the next date of listing. While determining whether a … 4102 of 1998, R.R.K Trivedi, J.:— Central Administrative Tribunal, Allahabad by order dated 4th November, 1996 accepted the claim of the applicants in O.A No. Every application for stay of recovery of demand of tax, interest, penalty, fine, Estate Duty or any other sum shall be presented in Triplicate by the applicant in person, or by his duly authorised agent, or sent by Registered Post to the Registrar/Deputy Registrar or the Assistant Registrar, as the case may be at the Headquarters of a Bench or Benches having jurisdiction to hear the appeals in respect of which the Stay Application … 15 of the judgment is reproduced below at page 1877 (of AIR 198):—, “The Tribunal also had before it, three other applications which were filed under Section 19 of the Administrative Tribunals Act, 1985. It creates an obligation on the part of Court to hear such applications at the earliest and in case, even for any unavoidable reason, the application for vacating stay order is not decided the stay order shall stand vacated, by operation of law." Article 226 of the Constitution of India. Therefore, there is nothing more for this Tribunal to adjudicate in these applications. It has been submitted that as petitioners have statutory right to file a review application under the provisions of the Act and the Rules which has been decided after the judgment of Hon'ble Supreme Court dated 18 March, 1997 in L. Chandra Kumar's case (supra), this writ petition is legally maintainable. 20A64 SWENSON, JILL, ET AL. The said bench dismissed the O.As and held that voluntary/Mobile Ticket Collectors and Mobile Booking Clerks are two different cadres and the instructions issued by the Railway Board by letter dated 6-2-1990 are applicable to the category of Mobile Booking Clerks only. 1 of 1989 became final and binding. Stay Vacation Appln. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Civil Misc. Respondents have put in appearance and filed counter-affidavit along with an application for vacating stay order. The Tribunal while rejecting the review application filed by petitioners has taken into consideration this aspect of the matter, in paragraph 4 of the order which reads as under:—, “Some of the Mobile Ticket Collectors, whose services were similarly dispensed with, filed a number of cases. An appeal lies to this Court from a decision of the Administrative Tribunal. Shylendra Kumar, J. In Sree Narayana Dharmasanghom Trust v. Swami Prakasananda, 1997 (5) JT (SC) 100 : (1997) 6 SCC 78 the above decision was reaffirmed. Learned counsel for the respondents raised a preliminary objection questioning the maintainability of the writ petition in this Court under Article 226 of the Constitution. The petitioners, in fact, are seeking fresh judgment on merit which is not permissible within the scope of review.”, 9. It is submitted that the judgment in L. Chandra Kumar's case (supra) was given on 18 March, 1997. Once a special leave petition is filed and rejected, the party cannot go back to the Tribunal to apply for review. You have to move the same bench of the High Court to vacate the stay. Get 2 points on providing a valid reason for the above No. 1 of 1989 to this Court, and the special leave petition was rejected. As a result the order of the Tribunal in T.A No. Order 47, Rule 1 of the Code of Civil Procedure. The Court said that the exercise of power of review by the Tribunal in such circumstances would be “deleterious to judicial discipline”. Section 19 of the Administrative Tribunals Act, 1985. Shri Shiv Shanker, the applicant of O.A No. This Court cannot take a different view on the controversy which has already been settled by the judgment of Hon'ble Supreme Court. Against the aforesaid order dated 4 November, 1996 present petitioners filed review applications which have been rejected by the Tribunal by order dated 22nd April, 1997. ORDER IN PENDING CASE . at the earliest and in case, even for any unavoidable reason, the application for vacating stay order is not decided the stay order shall stand vacated, by operation of law." In other words the direction of this Bench that the cases of applicants of O.A No. The Hon'ble Supreme Court in the order whereby the judgment of this Tribunal in O.A No. 479 of 1992. 37 of 1997 and the connected review applications. 1. A4 SCC 465 this Court has held that if an application for vacation of stay order is pending for vacating the interim order, the contempt petition filed by the applicant under the Contempt of Courts Act for non compliance of interim order in respect to interim order is maintainable. Petitioners, if were aggrieved by order dated 4 November, 1996, instead of filing review, they should have filed an appeal before Hon'ble Supreme Court. 7529 of 2003 There will be no order as to costs.”. Thereafter the power of review cannot be exercised by the Tribunal. 23. As a result the order of the Tribunal became final and binding. Demands for money, papers, etc., in the hands of a Revenue Officer or other person. 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