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2025 DAILYLAW 91287 (ALL)

UNION OF INDIA AND 3 OTHERS v. AKRAM ABDULLAH

WRIA/14035/2024 · 2025-05-08

Arun Bhansali, Kshitij Shailendra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75552-DB Chief Justice's Court Case :- WRIT - A No. - 14035 of 2024 Petitioner :- Union of India and 3 Others Respondent :- Akram Abdullah Counsel for Petitioner :- Vivek Kumar Singh Counsel for Respondent :- Jaswant Singh Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This petition is directed against the order dated 14.12.2023 passed in Original Application ('OA') No. 330/01125 of 2021 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad ('Tribunal') whereby the OA filed by the respondent has been allowed. 2. The OA was filed seeking the petitioners to treat the services of the respondent, spent on training after appointment, as qualifying service for the purpose of granting 3rd MACP with all consequential benefits accrued thereof, i.e., fixation of the arrears alongwith interest. The Tribunal, after hearing the parties, referred to an order passed by the Cuttack Bench of Central Administrative Tribunal in OA No. 260/00485 of 2021 East Coast Railway Engineers Association and others Vs. Union of India and others, decided on 15.11.2023 and came to the conclusion that the issue raised was squarely covered by order in that case and consequently, allowed the OA filed by the respondent and the petitioners were directed to reconsider and decide the claim for grant of benefits of financial upgradation, based on the said judgement. 3. When the matter came up before this Court, submissions were made that the writ petition filed against the order passed by the Cuttack Bench of the Tribunal was pending consideration before the Orissa High Court, based on which, the matter was adjourned. 4. Counsel for the respondent submits that Writ Petition (C) No.17872 of 2024, filed by Union of India against the order dated 15.11.2023 passed by the Cuttack Bench of the Tribunal, has been dismissed by the Orissa High Court on 27.03.2025 upholding the judgement passed by the Tribunal. 5. Counsel for the petitioners is not in a position to dispute the said aspect of the matter. 6. In view of the above fact situation, wherein the OA was allowed by relying on order passed by the Cuttack Bench of the Tribunal and against the said order, a Division Bench of Orissa High Court has dismissed the writ petition, we do not find any reason to take a view different from what has been taken by the Orissa High Court. 7. Consequently, the petition has no substance, the same is, therefore, dismissed. Order Date :- 9.5.2025 Mukesh Pal/Jyotsana (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad