“O.A No. • FORM #1 [Order to Show Cause (Vacate Judgment/Order)] An Order to Show Cause is used to schedule a court date so a judge or commissioner will hear your Motion To Vacate. This Court held that after an order of this Court dismissing the S.L.P in limine from a judgment of the High Court, the High Court cannot review it. Pick a court date at least 5 court days from the day you plan to have the other party (or parties) served with a copy of the required forms and documents. 1 of 1989 became final and binding. The Hon'ble Supreme Court, thus, by setting aside the judgment of this Tribunal in O.A No. 2. Citation. 1642 of 1994 and ten other cases with direction to respondents, is to consider the claim of applicants and to give same benefit which is available to the other candidates under the judgment of the Hon'ble Supreme Court dated 27 July, 1995 in civil appeal arising out of S.L.P (C) Nos. Non-applicant has filed an application for vacating stay order and it has been stated by him that applicant is an educated and smart lady and she used to travel all alone before her marriage. The Hon'ble Supreme Court in the order whereby the judgment of this Tribunal in O.A No. Section 19 of the Administrative Tribunals Act, 1985. Reliance has also been placed in Full Bench judgment of this Court in Sakal Singh v. Smt. Before confirming, please ensure that you have thoroughly read and verified the judgment. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. 10. Application, are in pari materia with the case of Shiv Shanker allowed by the Hon'ble Supreme Court. The order of the Tribunal under appeal is, accordingly, set aside. There shall be no order as to costs.”, 7. In the case of State of Maharashtra v. Prabhakar Bhikaji Ingle, 1996 (3) JT (SC) 567 : (1996) 3 SCC 463 : (AIR 1996 SC 3069) this Court held that when a special leave petition from the order of the Tribunal was dismissed by a non-speaking order, the main order was confirmed by the Supreme Court. The Court said that the exercise of power of review by the Tribunal in such circumstances would be “deleterious to judicial discipline”. The Court followed the earlier judgment in State of Maharashtra v. Prabhakar Bhikaji Ingle (supra).”, 6. The appeals are disposed of with the directions given in the case of Usha Kumari Anand. We, therefore, find no merit in the review application No. 1 of 1989. Learned counsel for the respondents has submitted that writ petitions against the order of the Central-Administrative Tribunal have been held to be maintainable in respect of those orders which have been passed after the judgment of Hon'ble Supreme Court in L. Chandra Kumar v. Union of India, reported in (1997) 3 SCC 261 : (AIR 1997 SC 1125). 3. In the case before Hon'ble Supreme Court special leave petition to file an appeal was preferred from the judgment of the Tribunal, which was rejected. You will have to give reasons why the stay should be vacated. 1642 of 1994 and other connected O.As in the light of the decision of the Hon'ble Supreme Court.”. The Tribunal in paragraph No. contains alphabet), Union Of India And Others v. Central Administrative Tribunal And Another. change. Hon'ble Supreme Court in case of Sri Gopalbandhu Biswal v. Krishna Chandra Mohanty, reported in 1998 (3) JT (SC) 279 : ((1998) 4 SCC 447 : AIR 1998 SC 1872) after considering the provisions of Section 22(3)(f) and Rule 17 has held that power of review which is granted to an Administrative Tribunal is similar to power given to a Civil Court under Order 47, Rule 1 of the Code of Civil Procedure. If an appeal is preferred, the power to review cannot be exercised. Stay Vacation Appln. Order of tribunal rejecting the O.As was also set aside by Hon'ble Supreme Court. Devi, reported in AIR 1979 All 274. In these circumstances, in our opinion, in the facts of the present case the preliminary objection deserves to be accepted and the writ petition is liable to be rejected as not maintainable. These applications therefore, will abide by the decision of Hon'ble Supreme Court in Civil Appeal referred to above. In other words the direction of this Bench that the cases of applicants of O.A No. The information contains in this web-site is prepared for educational purpose. * Enter a valid Journal (must In this writ petition, notices were issued to the respondents by order dated 9-2-98 and the implementation of the orders of the Central Administrative Tribunal impugned in this writ petition was directed to be kept in abeyance till the next date of listing. 8. Learned counsel for the respondents raised a preliminary objection questioning the maintainability of the writ petition in this Court under Article 226 of the Constitution. The cases of the applicants in the O.As, the judgment of which is being sought to be reviewed in this Misc. An appeal lies to this Court from a decision of the Administrative Tribunal. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. We have thoroughly considered the submissions of the learned counsel for the parties about the maintainability of the writ petition. Paragraph 8 of the judgment is being reproduced below at page 1875 (of AIR):—, “The power of review which is granted to an Administrative Tribunal is similar to power given to a Civil Court under Order 47, Rule 1 of the Code of Civil Procedure. 14756-61/93 and connected matters decided on 27-7-1995. Aggrieved by the aforesaid two orders present writ petition has been filed under Article 226 of the Constitution of India. 14756-61 of 1993, 11631 of 1994 and 20114 of 1993. This Court cannot take a different view on the controversy which has already been settled by the judgment of Hon'ble Supreme Court. 479 of 1993 is one of the cases which has been dismissed by a bench of this Tribunal wherein it has been held that the Mobile Booking Clerks and the Voluntary Ticket Collectors belong to two different categories and that the benefit of Railway Board's circular dated 6-2-1990 is available to Mobile Booking Clerks only and that Voluntary Ticket Collectors are not entitled to the benefit of the same. The case of the applicants in these O.As is similar to that of the O.A No. 22. (ORDER LIST: 592 U.S.) MONDAY, OCTOBER 26, 2020 . It is only when the review application is allowed that the original proceeding is reopened then it could be said that the judgment is put to jeopardy. Once the Supreme Court has confirmed the order passed by the Tribunal, that becomes final. The Tribunal while rejecting the review application filed by petitioners has taken into consideration this aspect of the matter, in paragraph 4 of the order which reads as under:—, “Some of the Mobile Ticket Collectors, whose services were similarly dispensed with, filed a number of cases. „í „í ™N ÿÿ ÿÿ ÿÿ ¤ J J J J J J J ^ æ. Every application for stay of recovery of demand of tax, interest, penalty, fine, Estate Duty or any other sum shall be presented in Triplicate by the applicant in person, or by his duly authorised agent, or sent by Registered Post to the Registrar/Deputy Registrar or the Assistant Registrar, as the case may be at the Headquarters of a Bench or Benches having jurisdiction to hear the appeals in respect of which the Stay Application … Shri Shiv Shanker, the applicant of O.A No. Against the order of the Tribunal deciding bunch of 73 cases (leading case of which was O.A No. If an appeal is preferred, the power to review cannot be exercised. Against the aforesaid order dated 4 November, 1996 present petitioners filed review applications which have been rejected by the Tribunal by order dated 22nd April, 1997. There will be no order as to costs.”. Get 1 point on adding a valid citation to this judgment. Thereafter the power of review cannot be exercised by the Tribunal. 4. provisions contained in Section 22(3)(f) of Administrative Tribunal Act, 1985, hereinafter referred to as Act read with Rule 17 of Administrative Tribunal (Procedue) Rules, 1987. 479 of 1993 and by issuing a direction to the respondents to examine the case of the applicants in accordance with the directions contained in paras 37 and 38 of Usha Kumari Anand's case put a stamp of approval to the law laid down in Samir Kumari Mukherjee's case. 479 of 1993 has been set aside has held that the appeals are disposed of with the direction given in the case of Usha Kumari Anand and the respondents were directed to examine the case of the appellants in accordance with the directions contained in paras 37 and 38 of the Tribunal's judgment in that matter. Hence the controversy whether the Voluntary Ticket Collectors are entitled to the benefit of the instructions issued by the Railway Board in their letter dated 6-2-1990 is available to the Voluntary Ticket Collectors or not, stands settled in the aforesaid case. In Our opinion, it was a futile exercise to file a review application where the controversy had already been decided and settled by the judgment of Hon'ble Supreme Court. Now coming to the facts of the present case, it is clear that the controversy as to whether Voluntary Ticket Collectors and Mobile Booking Clerks were entitled for the benefit of the Circular of Railway dated 6-2-1990 stands settled under the judgment dated 27 July, 1995 passed by Hon'ble Supreme Court. Article 226 of the Constitution of India. The application to … To maintain the sanctity of judicial proceedings, we have invoked the doctrine of prospective overruling so as not to disturb the procedure in relation to decisions already rendered.”. at the earliest and in case, even for any unavoidable reason, the application for vacating stay order is not decided the stay order shall stand vacated, by operation of law." 28 April 2013 plaintiff filed civil suit for mandatory injunction but even after 3 yrs has not filed evidence, i want to vacate the interim stay order pl. Recovery of public … While determining whether a … A4 SCC 465 this Court has held that if an application for vacation of stay order is pending for vacating the interim order, the contempt petition filed by the applicant under the Contempt of Courts Act for non compliance of interim order in respect to interim order is maintainable. No. All these Special Leave Petitions were decided by order dated 19 February, 1996 passed by Hon'ble Supreme Court. Learned counsel for the respondents raised a preliminary objection questioning the maintainability of the writ petition in this Court under Article 226 of the Constitution. V. HALL, ORLANDO . You have to move the same bench of the High Court to vacate the stay. In the present case, a special leave petition to file an appeal was preferred from the judgment of the Tribunal in T.A No. The direction in these O.As therefore, obligates the respondents to examine the cases of the applicants of O.A No. V. WI STATE LEGISLATURE , ET AL. 20A64 SWENSON, JILL, ET AL. ORDER IN PENDING CASE . … 7529 of 2003 Demands for money, papers, etc., in the hands of a Revenue Officer or other person. Order 47, Rule 1 of the Code of Civil Procedure. Learned counsel has further submitted that the writ petition is not maintainable against the main order dated 4 November, 1996 against which only an appeal can be filed before Hon'ble Supreme Court, hence it is riot open to petitioners to challenge the same order on basis of order dated 27 April, 1997 rejecting the review application. Get 1 point on providing a valid sentiment to this This should be done within six weeks. We do not find any substantial difference in the present case. An appeal lies to this Court from a decision of the Administrative Tribunal. The Tribunal had dismissed these applications in view of having allowed the review petitions and set aside its earlier order in T.A No. It is submitted that the judgment in L. Chandra Kumar's case (supra) was given on 18 March, 1997. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Click here to remove this judgment from your profile. Hon'ble Supreme Court by its judgment in the aforesaid civil appeal set aside the order passed by bench of the Tribunal in O.A No. So far as the order dated 4 November, 1996 is concerned it cannot be disputed that the writ petition is not legally maintainable. In such circur/istances, as the controversy stood concluded by order of Hon'ble Supreme Court, the review petition was not legally maintainable though technically it can be said that as no S.I.P was filed against order dated 4, November, 1996, the review is maintainable but the maintainability of the review petition has to be judged as to whether the Tribunal was in a position to review its order which was passed following the order of the Hon'ble Supreme Court. 83 of 1993 was heard and disposed of by a bench of this Tribunal comprising Hon'ble Vice-Chairman and Hon'ble Mr. K. Muthukumar, Administrative Member. 5. The said bench dismissed the O.As and held that voluntary/Mobile Ticket Collectors and Mobile Booking Clerks are two different cadres and the instructions issued by the Railway Board by letter dated 6-2-1990 are applicable to the category of Mobile Booking Clerks only. The writ petition is, accordingly, dismissed as not maintainable. ORDER IN PENDING CASE . I have the following defenses to the eviction civil complaint for damages Reliance has been placed in paragraph 94 of the aforesaid judgment which reads as under at page 1155 (of AIR):—, “The directions issued by us in respect of making the decisions of Tribunals amenable to scrutiny before a Division Bench of the respective High Courts will, however, come into effect prospectively i.e will apply to decisions rendered hereafter. It creates an obligation on the part of Court to hear such applications at the earliest and in case, even for any unavoidable reason, the application for vacating stay order is not decided the stay order shall stand vacated, by operation of law." The Opposite Party will have to be heard. We, therefore, by order under review held that their cases will abide by the decision of the Hon'ble Supreme Court in Civil Appeal of the said Shiv Shanker. Thus as the main order impugned in this writ petition passed by Tribunal, was of 4 November, 1996, the writ petition is not legally maintainable. Therefore, any person (inter alia) who considers himself aggrieved by a decree or order from which an appeal is allowed, but from which no appeal has been preferred can apply for review under Order 47, Rule 1(1)(a). By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Sachhidanand Dass and another, (1995) Sup. 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