:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2418 OF 2008 The General Manager, Central Railway and ors. ...Petitioners. Vs. Shashikant Sharma. ...Respondent. Mr. Suresh Kumar for the Petitioners. Mr. G.K. Masand i/by K.B. Talreja for the Respondent. CORAM : D.K. DESHMUKH & R.S.MOHITE, JJ. DATE : 04th May, 2009 P.C. P.C. P.C. 1. Rule, returnable forthwith. 2. By consent of the parties, the order impugned in the petition is set aside. The matter is remitted back to the Central Administrative Tribunal, Bombay Bench, Mumbai. It is pointed out by both the counsel that there is a clear conflict between the decision of the Central Administrative Tribunal, Bombay Bench, Mumbai in Original Original Original Application Application Application No. 518 of 1998 dated 11.9.1998 in No. 518 of 1998 dated 11.9.1998 in No. 518 of 1998 dated 11.9.1998 in Jingras Jingras Jingras Laxman Laxman Laxman Ruke and ors Vs. Union of India and ors. Ruke and ors Vs. Union of India and ors. Ruke and ors Vs. Union of India and ors. and the decision of the Central Administrative Tribunal, Allahabad Bench in Original Application No.576 of 1998 Original Application No.576 of 1998 Original Application No.576 of 1998 decided decided decided on 15.11.2002 in Rakesh Kumar Dubey Vs. Union on 15.11.2002 in Rakesh Kumar Dubey Vs. Union on 15.11.2002 in Rakesh Kumar Dubey Vs. Union of of of India and ors. India and ors. India and ors. and therefore, it is apparent that, in view of the conflict, the tribunal should have :2: considered the matter to be referred to the larger bench. The matter is therefore, remitted back to the Tribunal for taking appropriate decision in the matter. ( D.K. DESHMUKH, J.) (R. S. MOHITE, J.)