1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4298/2008 Union of India and Anr. Petitioners Vs. Trimbak Barku Respondent Mr.T.J.Pandian for the petitioner Mr.Sandeep V.Marne for the respondent no.1 CORAM : V.C.Daga,& Mrs.Mridula Bhatkar,JJ. Date : 3rd March,2009. P.C. . Heard learned counsel appearing for the petitioners and the respondent. 1] Rule returnable forthwith and heard finally by consent. 2] This petition is directed against the order dated 27th September,2007 passed in O.A.No.93/2006 . The entire reasoning of the said Judgment revolves around the judgment and view taken by the Gujarath High Court in the case of Rakhiben Rupkala Vs.Union of India decided on 5/5/2005(Unreported).The said judgment is over ruled by the Supreme Court in the case of General Manger,North West Railway and Others Vs.Chanda Devi ,(2008)2 Supreme Court Cases,108. 2 3] In view of the recent declaration of the Apex Court both the parties agree that the impugned order be set aside without examining merits or demerits of the order dispensing with reasons in support of this order and the matter be remanded to the Tribunal with direction to determine the issues afresh in the light of the Apex Court Judgment cited supra as expeditiously as possible within three months from the receipt of the copy of this order . 4] Considering the submissions made by the parties we set aside the impugned order,remit the matter back to the Central Administrative Tribunal. Restoring the O.A.no.93/2006 to its file with direction to decide the O.A.by a reasoned order following the principles of natural justice in the light of the aforesaid Apex Court judgment within three months from the date of receipt of this order. All the rival contentions are kept open. Rule is made absolute in terms of this order . No order as to costs. (Mrs.Mridula Bhatkar,J.) (V.C.Daga,J.)