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2026 DAILYLAW 2169 (ALL)

UNION OF INDIA AND 4 OTHERS v. GYAN PRAKASH TIWARI

WRIA/7289/2026 · 2026-05-13

Arun Bhansali, Kshitij Shailendra

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 7289 of 2026 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This petition is directed against order dated 12.01.2026 passed in O.A. No. 591 of 2019 by the Central Administrative Tribunal, Allahabad Bench, Allahabad whereby the original application filed by the respondent has been allowed and the relief of grant of 3rd MACP has been granted. 2. The Tribunal while passing the judgment, relied on the order passed by the Cuttack Bench of the Tribunal in O.A. No. 485 of 2021, decided on 15.11.2023, which was upheld by the Orissa High Court and Special Leave Petition against the same has been dismissed. The Tribunal also noticed that in similar case being O.A. No. 1125 of 2021, the Tribunal had passed an order on 14.12.2023 against which , Writ-A No. 14035 of 2024 was dismissed by this Court on 09.05.2025 and the order passed by the Tribunal has been implemented. 3. Counsel for the respondent, with reference to the orders passed by the Cuttack Bench, Orissa High Court and the Supreme Court as well as this Court in Writ-A No. 14035 of 2024, submitted that the matter is squarely covered. 4. Counsel for the petitioners is not in a position to dispute the said facts. 5. In Writ-A No. 14035 of 2024, this Court observed as under:- Versus Counsel for Petitioner(s) : S.P. Singh, A.S.G.I., Vivek Kumar Singh Counsel for Respondent(s) : Shyamal Narain, Manoj Kumar Dhrubvanshi Union of India and 4 others .....Petitioner(s) Gyan Prakash Tiwari .....Respondent(s) "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. WRIA No. 7289 of 2026 2 7. Consequently, the petition has no substance, the same is, therefore, dismissed." 6. Additionally, now against the order passed by the Orissa High Court, Special Leave Petition No. 24399 of 2025 has been dismissed by the Hon'ble Supreme Court on 29.08.2025. 7. In view of the above fact situation, we do not find any reason to entertain the present writ petition. The same is, therefore, dismissed. May 14, 2026 RK/AKShukla WRIA No. 7289 of 2026 3 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad