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2017 Supreme(Del) 652

SANJIV KHANNA, CHANDER SHEKHAR
SATISH KUMAR MEENA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner:Mr. Bhakti Vardhan Singh and Mr. Amit Kumar Pathak, Advocates
For the Respondent:Ms. Rajdipa Behura, Advocate with Ms. Garima Singh Yadav, Mr. Hilomon Kani and Ms. Kriti Handa, Advocates

JUDGMENT :

CHANDER SHEKHAR, J.

The petitioner in this writ petition impugns the order dated 22nd January, 2016, whereby OA No. 592/2013 filed by him has been dismissed by the Principal Bench of the Central Administrative Tribunal (Tribunal, for short) holding that he was not eligible for appointment as Inspector of Posts since he had been promoted as Postmaster Grade-I.

2. The Tribunal in the impugned order has referred to the decision of the Delhi High Court in W.P. (C) No. 4833/2014, Union of India v. Virender Kumar Dahiya decided on 28th August, 2014 and also the decision dated 11th December, 2014 in W.P. (C) No.1564/2013, Jawahar Singh v. Union of India and Ors, but did not follow and adhere to the ratio laid down therein. The Tribunal preferred to follow the decision of the Karnataka High Court dated 10th June, 2013 in W.P. (C) No. 35449-35450/2012, Sri Rananath S M & Anr. v. Union of India & Anr, wherein a contrary view has been expressed. The reasoning of the Tribunal is that executive rules/instructions as per Article 73 of the Constitution were binding and should be fol


























































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