Uindia vs. Braham Dass

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

Civil Writ Petition No.182 of 2001.

Date of decision: 5.4.2007

Union of India and ors Petitioners

Versus

Braham Dass and ors. Respondents

Coram

The Hon'ble Mr.Justice Dev Darshan Sud, J. The Hon'ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting ?¹ No. For the Petitioner: Mr. Y.P.S. Dhaulta, Central Government Counsel.

For the Respondents: Mr. R.D. Kaundal, Advocate.

Dev Darshan Sud, J (oral)

The Union of India has filed the present writ petition against the order of the learned Central Administrative Tribunal dated 16.5.2000 (Annexure P-3) passed in O.A. No.328-HP-99. A perusal of the order shows that the controversy before the Tribunal was squarely covered by another decision passed in O.A. No.265-HP-99 titled Charan Dass and others Vs. Union of India and others, decided on 31.3.2000. This fact was not disputed by the petitioner before the Central Administrative Tribunal. Learned counsel for the petitioner has urged that there are number of conflicting decisions of the Central Administrative Tribunal. We are

¹ Whether the reporters of Local Papers may be allowed to see the judgement? Yes.

not going into the matter as it would be an academic question. The order is clear and specifically states that the previous order has attained finality.

In the facts and circumstances of the case, we find no merit in this writ petition and it is dismissed as such. There shall be no order as to costs.

(Dev Darshan Sud), J

(ss)

April 5, 2007 (Rajiv Sharma), J

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