(Kurian Joseph and R. Banumathi, JJ.)
Union of India & Ors. etc. _________________________ Petitioner(s)
v.
V.K. Garg etc. ________________________________ Respondent(s)
Transfer Petition(s) (Civil) Nos. 1315-1320 of 2017, decided on November 14, 2017
The Order of the court was delivered by
Order
1. Heard learned counsel for the parties.
2. Having regard to the conflicting views taken by some of the High Courts, we allow the transfer of the following cases to this Court:
“1. O.A. No. 3314/2016, titled “V.K. Garg v. Union of India” pending before Central Administrative Tribunal, Principal Bench, New Delhi.
2. L.P.A. No. 54/2017 with W.P.(S) No. 1/2017 titled “Bichitra Nanda Das v. Union of India pending before the High Court of Jharkhand at Ranchi.
3. Writ Petition (S/B) No. 28894/2016 titled “Dr. Rajiv Vikram Singh Gautam v. UOI”, pending before the High Court of Judicature at Allahabad Lucknow Bench, Lucknow.
4. W.P. No. 2505/2017, titled “J.V. Raj v. UOI”, pending before the High Court of Judicature at Madras.
5. Writ petition No. (L) 2358/2016, titled “Mohd. Zafar Imam v. UOI” pending before the High Court of Bombay.
6. W.P. No. 5010/2017, titled “R. Ravindra Bose v. UOI pending before the High Court of Judicature Madras.”
3. Registry is directed to register the aforementioned cases as transferred cases and post all the matters on 12th December, 2017. Parties are directed to complete the pleadings, in the meantime.
4. The Registry is directed to send a copy of this order to the Courts concerned for sending the records to this Court on or before 09.12.2017.
5. The transfer petitions are, accordingly, allowed.
TRANSFER PETITION(S) (CIVIL) NOS. 1315-1320 OF 2017
Union of India & Ors. Etc ________________________ Petitioner(s)
v.
V.K. Garg etc _______________________________ Respondent(s)
ORDER
6. Heard learned counsel for the parties.
7. Having regard to the conflicting views taken by some of the High Courts, we allow the transfer of the following cases to this Court:
“1. O.A. No. 3314/2016, titled “V.K. Garg v. Union of India” pending before Central Administrative Tribunal, Principal Bench, New Delhi.
2. L.P.A. No. 54/2017 with W.P.(S) No. 1/2017 titled “Bichitra Nanda Das v. Union of India pending before the High Court of Jharkhand at Ranchi.
3. Writ Petition (S/B) No. 28894/2016 titled “Dr. Rajiv Vikram Singh Gautam v. UOI”, pending before the High Court of Judicature at Allahabad Lucknow Bench, Lucknow.
4. W.P. No. 2505/2017, titled “J.V. Raj v. UOI”, pending before the High Court of Judicature at Madras.
5. Writ petition No. (L) 2358/2016, titled “Mohd. Zafar Imam v. UOI” pending before the High Court of Judicature at Madras.
6. W.P. No. 5010/2017, titled “R. Ravindra Bose v. UOI pending before the High Court of Judicature Madras.”
8. Registry is directed to register the aforementioned cases as transferred cases and post all the matters on 12th December, 2017. Parties are directed to complete the pleadings, in the meantime.
9. The Registry is directed to send a copy of this order to the Courts concerned for sending the records to this Court on or before 09.12.2017.
10. The transfer petitions are, accordingly, allowed.
TRANSFER PETITION(S) (CIVIL) NOS. 1315-1320 OF 2017
Union of India & Ors. Etc _________________________ Petitioner(s)
v.
V.K. Garg etc ________________________________ Respondent(s)
(IA No. 70276/2017-STAY APPLICATION)
Date : 14-11-2017 These petitions were called on for hearing today.
(Before Kurian Joseph and R. Banumathi, JJ.)
For Petitioner(s) Mr. K. Radhakrishnan, Sr. Adv.
Ms. Niranjana, Adv.
Ms. Akansha Kaul, Adv.
Mrs. Anil Katiyar, AOR
For Respondent(s) Mr. Ashok Kumar Panda, Sr. Adv.
Mr. Tejsaswi Kumar Pradhan, Adv.
Mr. Manoranjan Paikaray, Adv.
Mr. Aniruddha P., Adv.
Mr. S.K. Bandhpadhaya, Adv.
Ms. Shobha, Adv.
Mr. B. Kranthi Kumar, Adv.
Ms. Reema Khurana, Adv.
Mr. V.K. Garg, Adv.
Mr. Chandra Bhushan Prasad, Adv.
Mr. M. A. Chinnasamy, AOR
Ms. C. Rubavathi, Adv.
Mr. K. Eithiraj, Adv.
Mr. V. Senthil Kumar, Adv.
Mr. Santosh Krishnan, AOR
UPON hearing the counsel the Court made the following
ORDER
In Transfer Petition No. 1319/2017 in W.P.(L) No. 2358/2016:
11. This case has been posted along with connected matters. The issue pertains to the validity of the notification regarding the continuance of the incumbents holding the Office of Presiding Officer, DRT up to the age of 62 or 65 years. In all the connected matters, we find that the incumbents continue by virtue of interim orders. Therefore, it is only just, fair and proper that the writ-petitioner is also protected during the pendency of the case.
12. Hence, the writ-petitioner – Mohammed Zafar Imam is permitted to resume and continue in the Office of Presiding Officer, DRT – II, Mumbai, subject to the result of this petition, until further orders.
In T.P.(C) Nos. 1315-1320/2017:
13. The transfer petitions are allowed in terms of the detailed order, which will follow.
TRANSFER PETITION(S)(CIVIL) NOS. 1315-1320 OF 2017
Union of India & Ors. Etc _________________________ Petitioner(s)
v.
V.K. Garg etc ________________________________ Respondent(s)
(IA No. 70276/2017-STAY APPLICATION)
Date : 14-11-2017 These petitions were called on for hearing today.
(Before Kurian Joseph and R. Banumathi, JJ.)
For Petitioner(s) Mr. K. Radhakrishnan, Sr. Adv.
Ms. Niranjana, Adv.
Ms. Akansha Kaul, Adv.
Mrs. Anil Katiyar, AOR
For Respondent(s) Mr. Ashok Kumar Panda, Sr. Adv.
Mr. Tejsaswi Kumar Pradhan, Adv.
Mr. Manoranjan Paikaray, Adv.
Mr. Aniruddha P., Adv.
Mr. S.K. Bandhpadhaya, Adv.
Ms. Shobha, Adv.
Mr. B. Kranthi Kumar, Adv.
Ms. Reema Khurana, Adv.
Mr. V.K. Garg, Adv.
Mr. Chandra Bhushan Prasad, Adv.
Mr. M. A. Chinnasamy, AOR
Ms. C. Rubavathi, Adv.
Mr. K. Eithiraj, Adv.
Mr. V. Senthil Kumar, Adv.
Mr. Santosh Krishnan, AOR
UPON hearing the counsel the Court made the following
ORDER
14. The transfer petitions are allowed in terms of the detailed signed order.
15. Pending applications, if any, shall also stand disposed of.
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