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2017 Supreme(Pat) 809

RAJENDRA MENON, ANIL KUMAR UPADHYAY
Union of India through the Secretary Deptt. Of Home, Govt. of India, New Delhi – Appellant
Versus
Gagan Prasad S/O Sri Adalat Singh – Respondent


Advocates Appeared:
For the Appellant : Mr. S.D.Sanjay, Addl. S.G.
For the Respondent:Mr. Tej Bahadur Singh, Sr. Advocate Mr. Manish Kumar, Advocate

JUDGMENT :

ANIL KUMAR UPADHYAY, J.

1. The Union of India through the Secretary, Department of Home, Government of India, New Delhi and the Inspector General of Police, CRPF, Bihar Cadre and others have preferred the present Letters Patent Appeal against the judgment and order dated 9.9.2009 passed by the Writ Court in CWJC No. 8343 of 2009, whereby the Writ Court directed the respondent-appellants herein to accept the joining of the petitioner-respondent herein holding that the petitioner-respondent would be deemed to be in regular service as a General Duty Constable pursuant to the selection process of 2002.

2. The factual matrix of the case in brief, lies in narrow compass. The writ petitioner respondent herein applied for recruitment as Constable General Duty in CRPF pursuant to advertisement dated 13.08.2002 and on passing through the selection process, interview and medical test, he was issued with an appointment letter and he reported the Group Centre, Muzaffarpur on 16.07.2003. Subsequently, the writ petitioner-respondent fell sick and was treated at CRPF Hospital, Muzaffarpur on 3.9.2003 and at S.K. Memorial Hospital, Muzaffarpur on 8.9.2003. On 14.9.2003 he left for his home
















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