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1998 Supreme(SC) 561

V.N.KHARE, M.SRINIVASAN
MAJOR M. R. PENGHAL – Appellant
Versus
UNION OF INDIA – Respondent


ORDER

1. Out of these two civil appeals before us, Civil Appeal No. 556 of 1998 arises out of the Judgment and order dated 18-12-1995 passed by the High Court of Judicature at Bombay in Writ Petition No. 2923 of 1995 filed by the appellant, whereby the High Court dismissed the writ petition on the ground that it has no jurisdiction to entertain the writ petition. Whereas, Civil Appeal No. 557 of 1998 arises out of the judgment and order dated 31-1-1997 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in Original Application No. 1647 of 1996 rejecting the application of the appellant on the ground that the appellant being still in army service, it has no jurisdiction to decide such an application.

2. It appears that the Posts and Telegraphs Service Selection Board issued an advertisement inviting applications to fill in 1200 vacancies of clerks in the Posts & Telegraphs Department. The appellant herein, in response to the said advertisement, submitted an application to appear in the competitive examination. The appellant came out successfully in the said examination, but due to want of vacancies he could not be offered appointment in the unit of his choice.










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