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2021 Supreme(Del) 596

RAJIV SHAKDHER, TALWANT SINGH
Union of India – Appellant
Versus
Suneel Kumar – Respondent


Advocates Appeared:
For the Petitioner:Mr. R.V. Sinha, Senior Counsel for Railways with Mr. A.S. Singh, Mr. Amit Sinha and Ms. Sharanya Sinha, Advocates.
For the Respondent:Mr. A.K. Trivedi and Mr. Naveen Kumar, Advocates.

JUDGMENT :

Talwant Singh, J.

1. The petitioners, i.e., Union of India and others, have filed the present writ petition challenging the order dated 16.03.2021, passed by the Central Administrative Tribunal [in short “CAT”], Principal Bench, New Delhi, in Original Application [OA] No.1302/2018 and Miscellaneous Application [MA] No.558/2021. The operative portion of the order dated 16.03.2021 reads as under:

    "10. We, therefore, allow the OA and direct the respondents to treat the applicant as a candidate who did not suffer any disqualification and proceed to consider the issuance of the order of appointment, on the basis of the merit secured by him in the written test. The exercise in this behalf shall be completed within a period of two months from the date of receipt of a copy of this order. On being appointed, the applicant shall not be entitled to any back wages, but the seniority shall be assigned to him on the basis of the rank in the selection list. There shall be no order as to costs."

2. In brief, the facts are that the present petitioners initiated a recruitment process to fill up 5679 vacancies of Khallasi (Group ‘D’) in the grade pay of Rs.1800/- vide Notice No. 220-E/Open Mkt

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