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Judgment
This RA has been filed seeking review of directions dated 07.05.2019 which were passed in MA No.2179/2015 in OA No.4286/2013 which was decided earlier on 17.02.2015. This MA was filed seeking compliance of these directions in OA No.4286/2013.
All points raised in RA are already considered while deciding the MA. No new points have been raised.
When the matter in MA No.2179/2015 was being heard by the Tribunal, a judgment dated 24.03.2017 by Hon'ble Apex Court in Civil Appeal No.3938/2017 (Union of India vs. Rakesh Kumar and others), arising out of SLP (C) No. 23723/2015, had come to light.
In the context that it was pleaded by the applicant in MA No.2179/2015 that the respondents have not fully complied with directions of the Tribunal in OA No.4286/2013, it was noted that the issue raised in OA No.4286/2013 and MA No.2179/2015 has specifically been adjudicated by the Hon'ble Apex Court in the case of Rakesh Kumar (supra).
In this context, it was noted that the earlier judgment by the Tribunal had variance vis-a-vis the subsequent ruling by the Hon'ble Apex Court (supra) and in such a situation, it is the view of this Tribunal that the ruling by the Hon'ble Apex Court has to prevail. In this context, it was noted that there had already been substantive compliance of directions in OA No.4286/2013. The remaining compliance sought in MA No.2179/2015, is contrary to the ruling of Hon'ble Apex Court.
This was noted in the judgment dated 07.05.2019. Accordingly, no change is called for. RA is without merit and is accordingly dismissed. No costs.