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2021 Supreme(Pat) 862

VIKASH JAIN, ANJANI KUMAR SHARAN
Union of India through the Chairman, Railway Board, Rail Bhawan, New Delhi – Appellant
Versus
Arvind Kumar (M), Son of Late Muneshwar Ram, Senior Divisional Medical Officer, Super Specialty Central Hospital, East Central Railway, Patna (Bihar) – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. P.K. Verma, Senior Advocate, Dr. Anand Kumar, Advocate
For the Respondent:Mr. M. P. Dixit, Advocate, Mr. S.K. Dixit, Advocate, Mr. S.K. Chaubey, Advocate, Mrs. Swastika, Advocate

JUDGMENT :

ANJANI KUMAR SHARAN, J.

Heard learned counsel for the petitioners and learned counsel appearing on behalf of the respondent.

2. By way of filing the present writ petition, the petitioners challenges the order dated 14.02.2020, passed by learned Central Administrative Tribunal (hereinafter referred to as ‘the Tribunal’), Patna Bench, Patna in M.A. No.50/391/2019, arising from O.A. No.-051/00215/2017, whereby the Tribunal has allowed the O.A. and directed to conduct a review D.P.C. of the respondent/applicant and if found fit, to grant him retrospective promotion from the year 2007 and 2011 respectively since his APAR for the year 2003-04 and 2004-05 has been upgraded in 2011 by following the ratio laid down by the Hon’ble Supreme Court in the matter of Dev Dutt, reported in (2008) 8 SCC 725 as also in the case of Dr. T.N. Wary (O.A. No.284 of 2010, Central Administrative Tribunal, Guwahati Bench).

3. Pleadings being complete, with consent of both parties, this writ petition has been heard for final disposal at this stage itself. No order is required to be passed in I.A. No.1 of 2021.

4. The short facts of the case according to the petitioners are that:

    (i) The respondent/appli

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