1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 1873 of 2011 Union of India and ors v. Krishnakumar and ors -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Dr R.S. Sunderam, Advocate and Ms Usha Tanna, Advocate with him for petitioners Ms Rashi Deshpande, Advocate for respondents no. 1 to 5 Mr Mathur, Advocate for respondent no.6 Coram: D.D. Sinha and A. P. Bhangale, JJ Dated: 25th April 2011 1. Heard learned counsel for the petitioners; learned counsel for respondents no. 1 to 5 and learned counsel for respondent no. 6. 2. Writ Petition is directed against the interim order passed by the Central Administrative Tribunal dated 7.3.2011 whereby the Tribunal has issued order of status-quo during the pendency of Original Application No. 156 of 2010. 3. Learned counsel for the petitioners has submitted that the issue involved in the Original Application is no more res-integra and is covered by the Full Bench judgment of the Tribunal rendered in a bunch of Original Applications dated 4.1.2011. It is also brought to our notice that this Court by 2 common order dated 28.1.2011 passed in a bunch of writ petitions has remanded the matter back to the Tribunal for taking decision afresh according to law. Learned counsel for the petitioners has submitted that inspite of the issue being covered and inspite of repeated requests having been made by the present petitioners to the Tribunal to take up the matter for final hearing, for some reason or the other, the matter was adjourned. It is submitted that the issue pertains to the selection of Loco Inspector which is a safety post and, therefore, it is necessary to hear the issue by the Tribunal at the earliest. It is further submitted that the sitting of the Tribunal is scheduled on 2.5.2011 and, therefore, it is prayed that if this Court at this stage is not inclined to keep the present writ petition pending, in that event, direction be given to the Tribunal to take up Original Application No. 156 of 2010 and other connected OAs for hearing on 2.5.2011. Learned counsel for the petitioners undertakes to appear before the Tribunal on 2.5.2011. 4. Learned counsel for respondents no. 1 to 5 and respondent no. 6 have disputed that the issue is covered by the Full Bench decision of the Tribunal. However, they agree to appear before the Tribunal on 2.5.2011. Learned counsel for the respondents have submitted that no adjournment on any count will be sought on that day. 5. In the backdrop of the above-referred facts, it is evident that the Original Application is pending before the Tribunal for deliberation and for taking decision according to 3 law. Issue pertains to selection of Loco Inspector and it has been brought to the notice of this Court that the said post is safety post in the Department and, therefore, the process of selection needs to be completed as early as possible in accordance with law. In the circumstances, we direct the Tribunal to take Original Application for hearing on 2.5.2011 and decide the same in accordance with law and procedure applicable in this regard. Learned counsel for the respective parties are directed to appear before the Tribunal on 2.5.2011. We recall the order of status-quo impugned herein and process of selection may go on, however, the Department shall not issue any order of appointment till such time the issue is decided by the Tribunal on merit. Writ Petition stands disposed of accordingly. True copy of the order be supplied to both the parties. JUDGE JUDGE joshi