UNION OF INDIA Vs. ASHOK RATILAL MAHINDA
LAWS(CAL)-2019-6-175
HIGH COURT OF CALCUTTA
Decided on June 28,2019

UNION OF INDIA Appellant
VERSUS
Ashok Ratilal Mahinda Respondents

JUDGEMENT

Saugata Bhattacharyya, Dipankar Datta, J. - (1.) We have heard these two writ petitions [W.P.C.T. 53 of 2019 (hereafter 'W.P.-I) and W.P.C.T. 54 of 2019 (hereafter 'W.P.-II') analogously having regard to the fact that similar questions of law and fact are involved therein. We propose to dispose of W.P.-I and W.P.-II by this common judgment and order.
(2.) W.P.-I arises out of O.A./350/836/2019 (hereafter 'OA-II'), pending on the file of the Central Administrative Tribunal, Kolkata Bench (hereafter the 'tribunal'), whereas O.A./350/829/2019 (hereafter 'OA-I') pending before the tribunal has given rise to W.P.-II. The respondents in OA-I and OA-II are the petitioners in W.P.-I and W.P.-II. They have challenged the correctness of similar orders dated June 25 and June 26, 2019 While admitting OA-I and OA-II, directions were given for exchange of affidavits and operation of the impugned orders passed by the Government of India, Ministry of Finance compulsorily retiring the original applicants in exercise of powers conferred by Rule 56(j) of the Fundamental Rules was stayed.
(3.) The effect of the aforesaid interim orders is that the original applicants had to be reinstated in service. The respondents in compliance with the orders dated June 25 and June 26, 2019 have allowed the original applicants to resume duty but have wasted no time in challenging such orders in W.P.-I and W.P.-II.;


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