Supreme CourtDivision Bench(2009) 05 SC CK 0282

Harish Chandra Yadav vs Union of India (UOI) and Another

Supreme Court Of India · Decided on 13 May 2009

HON’BLE JUDGES
Cyriac Joseph, J · Altamas Kabir, J
RESULT
Dismissed
CASE NUMBER
Civil Appeal No. 3569 of 2009 (Arising out of SLP (C) No. 9547/07)

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Judgment

6 paragraphs · 253 words
1.

Leave granted.

2.

This appeal is directed against the order of the Allahabad High Court, in writ petition No. 20486/01, challenging the order passed by the Central Administrative Tribunal, Allahabad, in O.A. No. 967/97, dismissing the appellant's Original Application for non-compliance of the Court's order regarding supplying of correct addresses of the respondents Nos. 1 & 2 before the Tribunal.

3.

The High Court while considering the matter had also taken into consideration the submission which appears to have been made that the appellant had filed his claim petition after a lapse of 17 years which is disputed by the appellant. Furthermore, the High Court has also taken into consideration the counter affidavit filed in the writ petition where it had been indicated that the appellant had worked for 120 days in the year 1980.

4.

The second part of the High Court's order was not really the subject matter of the proceedings before the High Court.

5.

Having heard learned Counsel for the respective parties, we set aside the orders passed by the High Court as well as the Tribunal and direct the Tribunal to consider the appellant's revisional application No. 967/97 afresh, upon the appellant supplying the correct addresses of the respondents Nos. 1 and 2 within one month from the date of the communication of this order. In the event the correct addresses are not supplied within the said period, this order shall cease to be operative and the appeal shall stand dismissed.

6.

The appeal is disposed of.