01Facts
The Union of India and others challenged the Central Administrative Tribunal’s order dated 25 March 2026 in OA 4926/2025.
p. 1 · ¶ 1The Tribunal recorded the respondents’ submission that the issue was identical to OA 2001/2022, whose decision had been upheld by the High Court and the Supreme Court, and granted the same reliefs.
p. 1, Tribunal order para. 10 · p. 2 · ¶ 3The High Court treated the Tribunal’s order as having been passed on consent.
p. 2 · ¶ 302Issues
i.1. Whether a writ petition may be used to challenge a Tribunal order passed on consent
p. 2 · ¶ 3–5ii.2. Whether the petitioners had shown a basis for interference with the Tribunal’s order granting the reliefs previously granted in OA 2001/2022
p. 2 · ¶ 3 · p. 3 · ¶ 503Law Applied
Relying on Manjunath Tirakappa Malagi v. Gurusiddappa Tirakappa Malagi, 2025 SCC OnLine SC 835, and the principles in Pushpa Devi Bhagat v. Rajinder Singh, (2006) 5 SCC 566, the Court stated that a consent decree cannot be challenged by appeal or an independent suit; the remedy to avoid it is to approach the court that recorded the compromise and establish that no valid compromise existed.
pp. 2–3 · ¶ 4The judgment also reproduced Order XXIII Rule 3 CPC, under which a court records a lawful compromise, and referred to Section 96(3) CPC’s bar on appeals against consent decrees.
pp. 2–3 · ¶ 4Provisions in the judgment · 3 · Linked ones open on LawLens
Code of Civil Procedure, 1908 Section 96Section 23Section 43
04Reasoning
The Tribunal had granted the same relief as in OA 2001/2022 after the respondents’ counsel acknowledged that the present issue was identical and that the earlier decision had been upheld by the High Court and Supreme Court.
p. 2 · ¶ 3–4The High Court characterised the resulting order as one passed on consent and applied the principle that such an order cannot be made the subject of a challenge, relying on the Supreme Court’s discussion of remedies against consent decrees.
p. 2 · ¶ 3–4It found no cause to interfere.
p. 3 · ¶ 505Holding
The High Court dismissed the writ petition in limine, finding no cause to interfere with the Tribunal’s consent-based order.
p. 3 · ¶ 5Original Court PDF
Union Of India & Ors.vsRavi Kumar
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