D.B. CIVIL WRIT PETITION NO.1547/2002 MAHENDRA SINGH VS. UNION ON INDIA & ORS. Date of Order :: 06.04.2010 HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS None present for the petitioner. Mr.V.K.Mathur Standing Counsel for UOI. ***** Challenge in this writ petition, filed under Articles 226 and 227 of the Constitution of India, is to the correctness of the order dated 06.05.2002, passed in Original Application No. 123/2002, by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur, by which, the Original Application filed by the petitioner has been dismissed in limine by observing that the petitioner has not been able to make out a case to challenge the seniority list. The order impugned runs as under:- “Learned counsel for the applicant has not been able to make out a case to challenge the seniority list. We dismiss the same in limine. No order as to costs.” Having perused the impugned order, we find that the Tribunal has passed the impugned order without applying its mind or without passing a speaking order. In similar facts situation the Hon'ble Supreme Court in the case of Union of India & Ors. Vs. Dharmendra Kumar Sharma in Civil Appeal No.190/2010 decided on 11.01.2010, has passed following order:- “Having heard learned counsel appearing for the parties and after going through the impugned order passed by the High Court we find that the Division Bench of the High Court has passed the impugned order without applying its mind or without passing a speaking order. In that view of the matter, the impugned order is set aside and the writ petition is restore to its original number. The High Court is requested to decide the matter in accordance with law at an early date, preferably within a period of three months without granting unnecessary adjournment to either of the parties. The appeal is allowed accordingly.” In view of the aforesaid order passed by the Hon'ble Supreme Court, since the impugned order passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur in Original Application was passed without applying its mind or without passing a speaking order, we, therefore, set aside the impugned order and restore the Original Application to its original number. The Central Administrative Tribunal, Jodhpur Bench, Jodhpur is hereby directed to decide the matter within a period of six months by passing a speaking and reasoned order in accordance with law. The appeal is disposed of accordingly. (GOPAL KRISHAN VYAS), J. [A.M. KAPADIA], J. mamta