Rama Nath Jha vs Union Of India Th. General Manager

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 5668 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 13765 OF 2018] [DIARY NO. 16797 OF 2018]

RAMA NATH JHA Appellant(s)

VERSUS

UNION OF INDIA Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. Writ Petition (C) No. 3548 of 2017 before the

High Court of Judicature at Patna was filed by the

appellant herein, challenging the order dated

14.12.2012 of the Central Administrative Tribunal,

Patna in OA No. 42 of 2005 and other connected

matters.

3. The issue pertains to the claim made by the

appellant that his promotion as a passenger guard was

based on a selection. The impugned Judgment of the

High Court reads as follows :-

“Heard counsel for the petitioner and the Signature Not Verified Digitally signed by MAHABIR SINGH counsel for the Railways.

Date: 2018.05.21 14:22:11 IST Reason: This Court is not willing to set aside the order of the Tribunal dated 14th December, 2012 now in the year 2017 on the ground 2

that this petitioner was not made party and heard.

From perusal of the order of the Central Administrative Tribunal, Patna Bench, Patna, it is evident that this well considered decision has been taken keeping in mind the policy in vogue as well as the decisions, which have emerged subsequently after other rounds of legal battle before the Allahabad High Court and Hon'ble Apex Court. Individual grievances can be agitated before the Tribunal.”

4. We do not find that any of the contentions raised

by the appellant has been dealt with in the writ

appeal judgment. For that only reason, we set aside

the impugned Judgment and remand the matter to the

Division Bench of the High Court to consider the

matter afresh and pass a reasoned Judgment, adverting

to the contentions raised by the appellant.

5. The appeal is disposed of as above.

No costs.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ MOHAN M. SHANTANAGOUDAR ]

New Delhi;

May 18, 2018.

3

ITEM NO.16 COURT NO.5 SECTION XVI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Diary No. 16797 of 2018

RAMA NATH JHA Appellant(s)

VERSUS

UNION OF INDIA Respondent(s)

(FOR ADMISSION and I.R. and IA No.70165/2018-CONDONATION OF DELAY IN FILING and IA No.70169/2018-EXEMPTION FROM FILING O.T.)

Date : 18-05-2018 This appeal was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

For Appellant(s) Mr. Aditya Shankar, Adv.

Mr. Sanchay Srivastava, Adfv.

Mr. Sameer Kumar, AOR Mr. Prateek Singh Chaudhary, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Delay condoned. Leave granted.

The appeal is disposed of in terms of the signed

non-reportable Judgment.

Pending Interlocutory Applications, if any, stand disposed of.

(JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR

(Signed non-reportable Judgment is placed on the file)