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2023 Supreme(Cal) 1421

HARISH TANDON, PRASENJIT BISWAS
Union of India – Appellant
Versus
Joy Halder – Respondent


Advocates Appeared:
For the Petitioners: Mr. Bhudeb Chatterjee.
For the Respondent: Mr. Debabrata Roy, Mr. Arun Kumar Halder.

JUDGMENT :

Prasenjit Biswas, J.

The instant writ petition is filed challenging the impugned order dated 05.10.2021 in O.A. No. 350/1294/ 2019 passed by the Central Administrative Tribunal, Kolkata Branch whereby and whereunder the appellant authorities are directed to consider the grievance of the respondent to adjust him suitably against the Fitter Auto post against an UR vacancy on the basis of his rank.

2. The background facts are that the Ordnance Factory, Medak, Yeddumailaram, Telangana, a Defence Production Unit under the Department of Defence production, Ministry of Defence, Government of India floated an advertisement being no. 10201/11/0209/1718 in the month of January 2017 for filling up vacancies/posts of Semi-Skilled Grade Industrial Employees (IES), Group C in various ordnance factories located all over India.

3. Note 2 of the said notification says as follows :

    ‘Ex-servicemen and physically handicapped candidates may apply against posts even if the posts are not reserved/earmarked for them. However, only age relaxation and fee exemption will be granted and they will be considered without horizontal reservations subject to the post being identified for PH’.

4. Two unres

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