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2021 Supreme(Bom) 370

DIPANKAR DATTA, M.S.KARNIK
Union of India, through The Secretary, Department of Industrial Policy & Promotion, IPR-I Section – Appellant
Versus
Lalita V. Mertia – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ashok D. Shetty a/w Rita K. Joshi & Swapnil P. Kamble.
For the Respondent: Mr. Sandeep V. Marne a/w Mr. Vishal P. Shirke.

JUDGMENT :

Dipankar Datta, J.

THE CHALLENGE

1. Aggrieved by the judgment and order dated December 4, 2014 passed by the Central Administrative Tribunal, Mumbai Bench at Mumbai (hereafter “the Tribunal”, for short) in Original Application No.400 of 2012, the respondents in such application have invoked the writ jurisdiction of this Court by presenting this application under Article 226 of the Constitution of India. The Tribunal allowed the original application by ordering as follows:

    “(a) In the result the Original Application is allowed;

(b) The impugned order dated 14.03.2011 (Annexure A-1) rejected request of the applicant for regularization of services is set aside;

(c) Consequently, it is declared that the applicant is entitled to claim regularization of service in the sanctioned vacant post of Examiner of Trade Marks with effect from 01.06.2012, since continuation on contract basis was refused to her after 31.5.2012;

(d) The Respondent No.2 is, therefore, directed to issue necessary office order regarding appointment of the applicant as Examiner of Trade Marks in regular/sanctioned vacant post by the end of this month and allow her to join on duty latest by 01.01.2015 in the said pos

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