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Judgment
O R D E R
Heard Shri Dharm Raj Pal, learned counsel for the review applicants and Shri B N Singh, learned counsel for the review respondents, on review application.
The instant review application has been filed by the review applicants who were also the respondents in OA No. 834 of 2010 seeking review of the order and judgment dated 23.01.2023 passed in the said OA by this Tribunal by way of which the said OA was allowed. The operative portion of the order passed in the above OA is quoted herein below:
“17.Accordingly, O.A. is allowed. Impugned order dated 13.05.2008 and 8.3.2010 are quashed. Respondents are directed to reinstate the applicant in service forthwith with all consequential benefits with liberty to hold the fresh inquiry strictly in accordance with the principle of natural justice and statutory provisions governing the subject, if respondents deem fit.”
Learned counsel for the review applicants referred to the aforesaid quoted operative portion of the judgment dated 23.01.2023 passed in the subject OA and submits the applicant has attained the age of superannuation on 07.08.2014 itself as his date of birth is 07.08.1954 and therefore, the aforesaid direction of the Tribunal to the extent of reinstating the applicant in service, is not possible to be complied with. Central Administrative TribunalThus, prayer was made to allow the review application.
Learned counsel for the review respondent does not oppose the aforesaid contentions of the counsel for the review applicants.
Having heard learned counsel for the parties and carefully considered the prayer made in the review application and compared the same with the facts and circumstances of the case, the instant review application is liable to be allowed and the same is accordingly, allowed. Thus, the aforesaid quoted paragraph 17 of the judgment and order dated 23.01.2023 is hereby recalled and modified to the extent as follows:
“17.Accordingly, O.A. is allowed. Impugned order dated 13.05.2008 and 8.3.2010 are quashed. The competent authority amongst the respondents is hereby directed to grant all the consequential benefits to the applicant by treating him to be continuing in service from the date when the applicant was dismissed from service till the date when he attained the age of superannuation. This exercise shall be completed within a period of three months from the date of receipt of certified copy of this order. Further, the respondents, if they deem fit, shall be at liberty to hold fresh inquiry strictly in accordance with the principle of natural justice and statutory provisions governing the subject.”
All associated MAs filed along with the instant review application stand disposed of.
Hon’ble Dr. Sanjiv Kumar, Member (Administrative) has consented to this order during virtual hearing.