-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.1580 OF 2008 NO.1580 OF 2008 NO.1580 OF 2008 Union of India and others ...Petitioners v/s Shri Ganpat Dhondu Naik ...Respondent WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2217 OF 2008 NO.2217 OF 2008 NO.2217 OF 2008 Union of India and others ...Petitioners v/s Shri Prakash Shripad Desai ...Respondent WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2218 OF 2008 NO.2218 OF 2008 NO.2218 OF 2008 Union of India and others ...Petitioners v/s Shri Vasudev Sakharam Tulaskar ...Respondent -2- WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2219 OF 2008 NO.2219 OF 2008 NO.2219 OF 2008 Union of India and others ...Peititioners v/s Shri Govind Raghunath Matkar ...Respondent WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2220 OF 2008 NO.2220 OF 2008 NO.2220 OF 2008 Union of India and others ...Petitioners v/s Shri Dilip Manohar vilkar ...Respondent WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2221 OF 2008 NO.2221 OF 2008 NO.2221 OF 2008 Union of India and others ...Petitioners v/s Shri Pradeep Anant Ghadi ...Respondent -3- WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2222 OF 2008 NO.2222 OF 2008 NO.2222 OF 2008 Union of India and others ...Petitioners v/s Shri Atmaram Pandurang Naik ...Respondent WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2143 OF 2008 NO.2143 OF 2008 NO.2143 OF 2008 Union of India and others ...Petitioners v/s Shri S.B. Dalvi ...Respondent WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2171 OF 2008 NO.2171 OF 2008 NO.2171 OF 2008 Union of India and others ...Petitioners v/s Shri Ravikant Narayan Lingayat ...Respondent -4- WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2172 OF 2008 NO.2172 OF 2008 NO.2172 OF 2008 Union of India and others ...Petitioners v/s Shri Ravindra Yashwant Manchekar ...Respondent WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2245 OF 2008 NO.2245 OF 2008 NO.2245 OF 2008 (NOT (NOT (NOT ON ON ON BOARD) BOARD) BOARD) Union of India and others ...Petitioners v/s Shri Santosh Dattaram Gawas ...Respondent WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2146 OF 2008 NO.2146 OF 2008 NO.2146 OF 2008 (NOT (NOT (NOT ON ON ON BOARD) BOARD) BOARD) Union of India and others ...Petitioners v/s Shri Vithal Vasant Adekar ...Respondent -5- WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.1463 OF 2008 NO.1463 OF 2008 NO.1463 OF 2008 (NOT (NOT (NOT ON ON ON BOARD) BOARD) BOARD) Union of India and others ...Petitioners v/s Shri Dinesh Shamsunder Dalvi ...Respondent WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2521 OF 2008 NO.2521 OF 2008 NO.2521 OF 2008 (NOT (NOT (NOT ON ON ON BOARD) BOARD) BOARD) Union of India and others ...Petitioners v/s Shri Surendra Ganesh Apte ...Respondent WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2888 OF 2008 NO.2888 OF 2008 NO.2888 OF 2008 (NOT (NOT (NOT ON ON ON BOARD) BOARD) BOARD) Union of India and others ...Petitioners v/s Shri Udesh Ladu Korgaonkar ...Respondent -6- WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.3115 OF 2008 NO.3115 OF 2008 NO.3115 OF 2008 (NOT (NOT (NOT ON ON ON BOARD) BOARD) BOARD) Union of India and others ...Petitioners v/s Shri Chandrashekhar R. Bhambure ...Respondent WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2225 OF 2008 NO.2225 OF 2008 NO.2225 OF 2008 (NOT (NOT (NOT ON ON ON BOARD) BOARD) BOARD) Union of India and others ...Petitioners v/s Shri Sakharam Shivram Aswalkar ...Respondent WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2232 OF 2008 NO.2232 OF 2008 NO.2232 OF 2008 (NOT (NOT (NOT ON ON ON BOARD) BOARD) BOARD) Union of India and others ...Petitioners v/s Shri Rajendra Dayal Achrekar ...Respondent -7- WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2223 OF 2008 NO.2223 OF 2008 NO.2223 OF 2008 (NOT (NOT (NOT ON ON ON BOARD) BOARD) BOARD) Union of India and others ...Petitioners v/s Laxman Keshav Sawant ...Respondent WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2224 OF 2008 NO.2224 OF 2008 NO.2224 OF 2008 (NOT (NOT (NOT ON ON ON BOARD) BOARD) BOARD) Union of India and others ...Petitioners v/s Shri Mahadev Tukaram Waradkar ...Respondent WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2241 OF 2008 NO.2241 OF 2008 NO.2241 OF 2008 (NOT (NOT (NOT ON ON ON BOARD) BOARD) BOARD) Union of India and others ...Petitioners v/s Shri Ganesh Rama Narvekar ...Respondent -8- WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2243 OF 2008 NO.2243 OF 2008 NO.2243 OF 2008 (NOT (NOT (NOT ON ON ON BOARD) BOARD) BOARD) Union of India and others ...Petitioners v/s Shri Sunil Vasant Ghadi ...Respondent WITH WITH WITH WRIT WRIT WRIT PETITION PETITION PETITION NO.2839 OF 2008 NO.2839 OF 2008 NO.2839 OF 2008 (NOT (NOT (NOT ON ON ON BOARD) BOARD) BOARD) Union of India and others ...Petitioners v/s Shri M.R. Sawant ...Respondent Ms Hina P. Shah for Petitioners. Mr S.P. Inamdar for Respondent. CORAM : D.K. DESHMUKH AND N.D. DESHPANDE JJ. DATE : 2ND JUNE 2008. -9- P.C. :- 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. It is common ground before us that one of the contentions urged on behalf of the petitioners before the Central Administrative Tribunal was that the appointments could not be made though advertisement was published because there were no vacancies. It is also common ground that the said defence has been referred to by the Tribunal in paragraph 5 of its order. It is also common ground that the Tribunal in its order has not considered this aspect of the matter at all. Therefore, by consent of the parties, the common order passed by the Central Administrative Tribunal impugned in these petitions is set aside, all the original applications are remitted back to the Central Administrative Tribunal for de novo consideration, hearing and decision in accordance with law. As the matters are pending for quite some time, the Central Administrative Tribunal shall decide original applications as expeditiously as possible and in any case within a period of three months from the date of receipt of writ of this order. Rule is made absolute accordingly with no order as to costs. -10- . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court as true copy. . Certified copy expedited. ( D.K. DESHMUKH J.) ( N.D. DESHPANDE J.)