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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.G.PANDIT, GEETHA K.B.
Union of India, Rep. by the General Manager, South Western Railway, Hubballi – Appellant
Versus
Swapnil S/o Sheshrao Bhagat – Respondent
| Table of Content |
|---|
| 1. overview of case and background facts (Para 1 , 2 , 3 , 4) |
| 2. arguments by both parties regarding the case (Para 6 , 7 , 8 , 9) |
| 3. court's analysis and reasoning for judgment (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. court's final order and conclusion (Para 20) |
ORDER :
1. The Union of India and Railway Authorities are before this Court under Article 226 of the Constitution of India questioning the order dated 16.10.2023 passed in OA No.170/00051/2021, by the Central Administrative Tribunal, Bengaluru Bench [For short ‘CAT’] whereby the respondent’s application praying to issue an appointment order on any of the vacant posts of Carriage and Wagon (C & W) anywhere under the jurisdiction of RRB [Railway Recruitment Board, Bengaluru] that too by creating a supernumerary post by adjustment from anticipated future vacancy, was allowed.
2. The parties would be referred to as they stood before the CAT for the sake of convenience. The petitioners herein were the respondents and the respondent herein was the applicant before the CAT.
3. Brief facts of the case are that, the RRB by Employment Notice dated 16.6.2012 invited applications for various posts including t
The Tribunal erred in directing appointment from an expired selection panel, lacking jurisdiction as the application was filed beyond the prescribed limitation period without sufficient justification....
The court upheld the CAT's direction for administrative examination of vacancy positions, clarifying that candidates on the replacement list must be considered unless barred by delay or conduct.
The court affirmed the principle of providing alternative employment to medically unfit candidates, emphasizing timely action and adherence to judicial discipline.
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