JUDGEMENT
JAYA ROY, J. -
(1.) HEARD learned counsel for the parties.
(2.) THE applicantrespondent no.1 approached the Central Administrative Tribunal, Circuit Bench at Ranchi, by filing O.A
No.168/2004 by impleading Union of India as party along with other
authorities of the Railways also as party. The said O.A was allowed,
vide order dated 9th January, 2007. That order of the Tribunal was
challenged by preferring writ petition before this Court by the Union
of India and that too through Senior Divisional Personnel Officer,
East Central Railways by filing W.P (C) No.5026/2007, which was
dismissed, vide judgment dated 4th October, 2007, and Division
Bench of this Court entertained the plea of the appellantUnion of
India that the Tribunal has directed to pass the order of relaxation by
the General Manager of East Central Railways, who has no
jurisdiction and therefore, specific direction was issued by the
Division Bench of this Court in W.P (C) No.5026/2007 that the
competent authority shall issue appropriate order. In spite of
attaining finality of the judgment of this Court passed in W.P (C)
No.5026/2007 dated 4th October, 2007, the appellant rejected the
applicantrespondent no.1's claim and therefore, the respondent
no.1 again had to approach the Tribunal by filing O.A No.25/2009.
The said O.A was allowed by the order dated 13th August, 2010.
Learned counsel appearing for Union of India submitted that Union of India was party but not through appropriate authroity. On
such plea, final judgment of the Division Bench of this Court is being
challenged in the subsequent proceedings before the Tribunal. We
are of the considered opinion that the Tribunal has already
considered all the issues in detail and we hold that the issues
regarding the claim of the applicantrespondent no.1 has already
been decided by the Tribunal and ultimately by the Division Bench of
this Court.
(3.) IN view of the above reasons, we do not find any merit in this writ petition, which is dismissed.;
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