SH. AVANI CHAUDHARY Vs. UNION OF INDIA THROUGH: THE SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI
LAWS(CA)-2011-11-99
CENTRAL ADMINISTRATIVE TRIBUNAL
Decided on November 23,2011

Sh. Avani Chaudhary Appellant
VERSUS
Union Of India Through: The Secretary, Ministry Of Home Affairs, North Block, New Delhi Respondents

JUDGEMENT

V.K.BALI,CHAIRMAN: - (1.) Issue notice to the respondents. Inasmuch as, it appears to us that the matter is covered, on our asking, Mr. Rajesh Katyal accepted notice on behalf of respondents. He was given time to go through the pleadings and the matter has thereafter been taken up after some time.
(2.) The prayer of the applicant has been rejected by the respondents only by saying that even though the matter may be covered by the decision of this Tribunal in the matter of Manoj Kumar Mittal & Anr. vs. Union of India & Ors. (OA No.4417/2010 decided on 15.09.2011) but the relief shall be confined only to the applicants of that case. This stand of the respondents is wholly illegal. It is the responsibility of the government to accord the same relief to the employees that has been granted to similarly situated persons, and not to force them to approach the court and/or tribunal for such relief.
(3.) That being so, when the matter in hand is covered by the decision of this Tribunal in the matter of Manoj Kumar Mittal & Anr. vs. Union of India & Ors. (supra), we dispose of this Original Application with the same directions as were issued in the case aforesaid.;


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