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2019 Supreme(Del) 758

S.RAVINDRA BHAT, PRATEEK JALAN
Kripa Shankar – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
Prashant Srivastava, Deepak Mahajan, Ajay Digpaul, Soumava Karmakar, Madhuir Dhingra, Aproov Kurup, Avinash Rathi, Nidhi Mittal.

JUDGMENT :

PRATEEK JALAN, J.

1. This writ petition is directed against orders passed by the Central Administrative Tribunal (hereinafter, "the Tribunal") dated 13.01.2006 in O.A. No. 1960/2004 and 31.7.2006 in RA No. 106/2006.

2. The writ petitioner was the applicant in O.A. No. 1960/2004. He moved the Tribunal against an order dated 04.08.2004 by which the respondent no. 3 herein had been promoted to the post of Assistant Registrar in the Central Excise and Service Tax Appellate Tribunal (hereinafter, "CESTAT") and sought a direction for a review Departmental Promotion Committee (hereinafter, "DPC"). It is undisputed that the petitioner and respondent no. 3 were both Court Masters in CESTAT and respondent no. 3 was the senior of the two. However, the petitioner's principal contention was that respondent no. 3 did not possess the qualification for appointment as Assistant Registrar in CESTAT, inasmuch as he did not have a degree in law of a recognized university or equivalent. It was, therefore, contended that the petitioner was, in fact, the senior most Court Master amongst those who were duly qualified and thus eligible for the promotion which was granted to respondent no. 3. The co




















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