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2013 Supreme(SC) 249

JAGDISH SINGH KHEHAR, P.SATHASIVAM
Union of India – Appellant
Versus
Anil Kumar Sarkar – Respondent


JUDGMENT

P. Sathasivam, J.

1) Delay condoned.

2) Leave granted.

3) This appeal is directed against the judgment and order dated 27.04.2010 passed by the Gauhati High Court at Gauhati in Writ Petition (C) No. 744 of 2010 whereby the Division Bench of the High Court allowed the writ petition filed by the respondent herein and set aside the order dated 21.08.2009 passed by the Central Administrative Tribunal, Gauhati Bench, Gauhati in O.A. No. 251 of 2007.

4) Brief facts

a) Anil Kumar Sarkar, the respondent herein, joined the Northern Railways as a Junior Clerk on 04.11.1977. He was promoted to various posts and while he was working as senior AFA/T-1 in the office of the Financial Adviser and Chief Accounts Officer of Northeast Frontier (N.F.) Railway at Maligaon, a Departmental Promotion Committee (DPC) was convened by the Union Public Service Commission (UPSC) on 26.02.2002 and 27.02.2002 to consider eligible Group ‘B’ officers of the Accounts Department for their substantive promotion to Group ‘A’ (Jr. Scale) of Indian Railways Accounts Service (IRAS) against the vacancies for various Zonal Railways/Production Units. In the said DPC, the respondent’s name was also considered against the























































































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