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2021 Supreme(Del) 1753

RAJIV SAHAI ENDLAW, AMIT BANSAL
Union Of India – Appellant
Versus
Shailja Saxena – Respondent


Advocates appeared:
Ruchira Gupta, Advocate, Mona Sinha, Advocate, Ruchir Mishra, Advocate, Sanjiv Kumar Saxena, Advocate, Mukesh Kumar Tiwari, Advocate, Rajeshwar Singh, Advocate, Jaswinder Singh, Advocate, Shyam Moorjani, Advocate, Manit Moorjani, Advocate, Asheesh Mohan, Advocate

JUDGMENT

Rajiv Sahai Endlaw, J. - All the four petitions though impugn the separate orders of Central Administrative Tribunal (CAT), Principal Bench, New Delhi in separate OAs preferred by each of the respondent, all now in the General Duty subcadre of the Central Health Services (CHS), but each order directs the petitioner Ministry of Health and Family Welfare, Union of India, to count the past service of each of the respondent as qualifying service for the purposes of promotions, post absorption in the CHS.

2. The petitions were entertained and notice thereof ordered to be issued.

3. We have heard the counsels for the petitioners and the counsels for the respondents.

4. The Central Health Service Rules 1996, in Rule 3 provide for composition of service, in Rule 4, the authorised strength of service, in Rule 5, the members of the service, in Rule 6, the initial constitution of the service and in Rule 7, for the filling up of future vacancies in the service. Rule 7 refers to Schedule II and III to the Rules and which inter alia provide for method of recruitment, the field of selection for promotion including the minimum qualifying service in the immediate lower grade or grades for appo

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