Union of India and Anr v. Sanjay Sarkar

Page No.# 1/2 GAHC010144182020

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./96/2020

1.UNION OF INDIA AND ANR. REP. BY THE SECRETARY, GOVT. OF INDIA, MINISTRY OF COMMUNICATION AND INFORMATION TECHNOLOGY, DEPTT. OF TELECOMMUNICATION, SANCHAR BHAWAN, 20, ASHOK ROAD, NEW DELHI-110001. 2: THE CONTROLLER OF COMMUNICATION ACCOUNTS DEPTT. OF TELECOMMUNICATION ASSAM TELECOM CIRCLE, BSNL BHAWAN 5TH FLOOR PANBAZAR GUWAHATI-781001 VERSUS SANJAY SARKAR S/O-LATE GOPAL SARKAR, PRASANTI PRIME APARTMENT, H/NO. 37, A M ROAD, UNIT-II, ULUBARI, GUWAHATI-781007. For the Review Petitioner : Mr. A.K. Dutta, Central Government Counsel. For the Respondent(s) : Mr. S. Nath, Advocate. – BEFORE – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

14.05.2024 (Vijay Bishnoi, CJ)

This review petition is filed by the petitioners seeking review of the order dated

20.01.2020 passed by this Court in WP(C) No.172/2020. Page No.# 2/2 It is noticed that the counsel appearing for the review petitioners in the review petition has made a statement before this Court that the order may not be treated as precedent and taking into consideration the said statement, this Court has passed the order which is now sought to be reviewed. It is also to be noticed that WP(C) No.172/2020 was filed against the order dated 03.01.2019 passed by the Central Administrative Tribunal, Guwahati Bench in O.A. No.040/00104/2016, wherein the Tribunal while relying on the decision of Principal Bench of the Central Administrative Tribunal, rendered in the case of Girbar Singh in O.A. No.2747/2011, dated 12.05.2015 has accepted the claim of the respondent that his past services in the State Government are liable to be counted for the purpose of grant of MACP. Mr. A.K. Dutta, learned Central Government Counsel appearing for the review petitioners is not in a position to disclose whether the judgment passed by the Principal Bench of Central Administrative Tribunal in the case of Girbar Singh was subjected to challenge before this Court or any other forum. In such circumstances, we do not find any case for review of the order dated

20.01.2020 passed by this Court in WP(C) No.172/2020. Hence, this review petition is dismissed.

JUDGE CHIEF JUSTICE

Comparing Assistant