UOI THR. SECRETARY MINISTRY OF DEFENCE vs K.ZACHARIAH & ORS.

Judgment text excerpt

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 204/2008 & CM APPL. 397/2008 UOI THR. SECRETARY MINISTRY OF DEFENCE .....Petitioner Through: versus K. ZACHARIAH & ORS. .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL ORDER (ORAL) % 22.01.2025 C. HARI SHANKAR, J. 1. There is no appearance on behalf of the parties. Nor was there any appearance on behalf of the parties on the last date of hearing. However, in a recent decision involving an identical issue, we have already taken a view. The order passed in this case is identical. The Central Administrative Tribunal1, in these cases, decided the OA, solely relying on the judgment of the Supreme Court in Y V Rangaiah v J Sreenivasa Rao2. However, subsequently, a Three-Judge Bench of the Supreme Court has, in State of Himachal Pradesh v Rajkumar3, overruled Rangaiah. 2. Accordingly, we have, in an identical matter, remanded the case 1 “Tribunal” hereinafter 2 1983 (3) SCC 284 3 (2023) 3 SCC 773 Signature Not Verified Digitally Signed By:AJIT W.P.(C) 204/2008 Page 1 of 2 KUMAR Signing Date:29.01.2025 18:18:19 to the Tribunal for afresh consideration dehors the decision in Rangaiah after taking into account the judgment in Rajkumar. 3. Accordingly, adopting the same view, this writ petition is disposed of setting aside the impugned judgment dated 16 March 2007 passed by the Tribunal. 4. OA 2498/2005 is remanded to the Tribunal for afresh consideration without taking into account the judgment of the Supreme Court in Rajkumar. Needless to say, the Tribunal would not be influenced by any observations contained in the impugned order. The writ petition is accordingly disposed of. 5. As the parties are not represented, let a copy of this order be forwarded by the Registry el