- (1.) The main contention of the Petitioner in this writ petition is that the Central Administrative Tribunal (hereinafter referred to as the Tribunal) at Allahabad has no jurisdiction to consider the application for setting aside the exparte decree or to allow the same.
(2.) The Petitioner was employed as Engine Driver, Grade -A, in the North Eastern Railway, Bareilly. He filed a suit for the correction of his age and a declaration that his retirement from service of North Eastern Railway in consequence of the incorrect date of his birth be declared illegal and void. The suit was decreed on 23rd December, 1981 by X -Additional Munsif, Bareilly. An appeal was filed by the Railways and in the course of proceedings before the Additional Civil Judge, 6th September, 1985 was fixed for hearing. However, since no one appeared for the Appellant the appeal was dismissed in default on that day. An application for restoration was made on 12th September, 1985 in the said court and it remained pending. The Petitioner, who was Plaintiff -Respondent in the appeal, filed an objection on the 25th of November, 1985 to the above application. It will be relevant to mention here that amongst his objection he took the plea that the appellate court had no jurisdiction to proceed with the application after coming in force of the Administrative Tribunal Act, 1986 (hereinafter referred to as the Act).
(3.) The pending proceedings were then transferred to the Tribunal at Allahabad. It came up before the Tribunal (Allahabad Bench) at Allahabad on 15th July, 1986 and after hearing learned Counsel for the parties the application for setting aside the judgment and decree dated 6th September, 1985 was set aside. The case was thereafter fixed for final hearing on 12th August, 1986. A copy of this order has been marked as Annexure -5 to the writ petition and it is this order that is the subject matter of challenge in this writ petition.;