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

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 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 Tribuna