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2012 Supreme(Del) 1134

BADAR DURREZ AHMED, V.K.JAIN
Deep Chand – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
For the Appellants:K. Venkatraman (DHCLSC), Advocate.
For the Respondents:B.V. Niren, CGSC with Utkarsh Sharma & R1 to R4 -Prasouk Jain, Advocates.

Judgment :-

V.K. JAIN, J.

1. This writ petition is directed against the order dated 15.07.2011 passed by the Central Administrative Tribunal, Principal Bench, Delhi (hereinafter referred to as ‘Tribunal’), whereby OA No. 3303/2010 filed by the petitioner was dismissed. Brief facts giving rise to the filing of this petition are stated herein below:

On 10.2.1992, the petitioner was appointed as a Group ‘D’ employee (Messenger-cum-Cleaner) in the Directorate of Plant Protection, Quarantine and Storage and was posted at Locust out post Jaisalmer. On 16.4.1999, he was transferred to the Central Integrated Pest Management Centre (CIPMC) at Faridabad. The Locust out post as well as CIPMC formed part of the Department of Agriculture and Cooperation in Ministry of Agriculture. Pursuant to an advertisement issued by the Staff Selection Commission (SCC) to hold departmental examination from Group ‘D’ employees, the petitioner applied for the post of Lower Divisional Clerk (LDC) and was declared qualified. The Department of Agriculture and Cooperation, however, took the view that since the Office of CIPMC, where the petitioner was working, was not a participating office of Central Secretariat

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