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TMI Blog2021 (8) TMI 401X X X X Extracts X X X X X X X X Extracts X X X X ..... lenged in a writ petition without approaching the Central Administrative Tribunal. These issues have to be considered in the writ petition and since the writ petition was dismissed only on the ground of delay and laches, the writ petition should be heard afresh and a decision should be arrived at on merits. The writ petition is restored to the file of the learned Single Bench of this Court, with liberty to the respondents to file additional counter-affidavit, if they so desired. Since the writ petition is of the year 2014, the Registry is directed to list the writ petition before the concerned Court, during second week of August 2021 - Appeal allowed. - Writ Appeal (MD).No.330 of 2021 - - - Dated:- 27-7-2021 - THE HONOURABLE MR.JU ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r dated 06.02.2005 along with the arrears thereon. The original application was allowed by order dated 03.05.2006 holding that the case of the said applicant has to be considered under para 2(b)(i) of the office memorandum dated 14.05.1987. The respondent-Department challenged the said order by filing W.P(MD).No.25216 of 2007, before the Principal Bench of this Court. The said writ petition was dismissed by order dated 16.07.2009. Thus, insofar as the case of Mr.P.Manickam is concerned, the matter attained finality and we are informed by the learned counsel appearing for the appellant that benefits have been granted to him. Thereafter, the appellant submitted a representation on 31.08.2009 to the respondents seeking similar benefit. The rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. These issues have to be considered in the writ petition and since the writ petition was dismissed only on the ground of delay and laches, we are of the view that the writ petition should be heard afresh and a decision should be arrived at on merits. 7. For the above reasons alone, this Writ Appeal is allowed and the order passed in the writ petition is set aside and the writ petition is restored to the file of the learned Single Bench of this Court, with liberty to the respondents to file additional counter-affidavit, if they so desired. Since the writ petition is of the year 2014, the Registry is directed to list the writ petition before the concerned Court, during second week of August 2021. No costs. - - TaxTMI - TMITax - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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