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2021 Supreme(Del) 2412

RAJIV SHAKDHER, TALWANT SINGH
Gyan Singh – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Dr. K.S. Chauhan, Advocate, for the Petitioners.
Ravi Prakash, CGSC, for the UOI.
Rajeev Sharma, Sr. Advocate with Ms. Radhalakshmi R., Rajat Krishna, Saket Chandra and Bhaskar Anand, Advocates, for the Respondents-1 to 3.
Apurb Lal, Advocate, fo

JUDGMENT

Rajiv Shakdher, J.

TABLE OF CONTENTS

    Background:

    Submissions of the Counsel for the parties:

    Submissions of the petitioner

    Submissions on behalf of the official respondents i.e., respondent nos. 1 to 3:

    Submissions on behalf of the private respondents i.e., respondent nos. 4 and 5:

    Analysis and reasons:

    Conclusion:

Preface:

1. This writ petition is directed against the order dated 03.02.2021, passed by the Central Administrative Tribunal [in short `the Tribunal'] in O.A. No.4016/2016.

2. The principal litigating parties are two sets of employees who work for respondent no. 2 i.e., Prasar Bharati. The petitioners represent one set while respondent nos. 4 and 5 represent another set of employees. The remaining parties are the official respondents. The petitioners belong to the reserved categories i.e., Scheduled Caste (SC) and Scheduled Tribe (ST) while respondent nos.4 and 5 belong to the Unreserved (UR) category. [For the sake of brevity, wherever required, the petitioners as also respondent nos. 4 and 5 will be collectively referred to as "employees", unless the context requires otherwise.]

3. The core issue which arises for consideration is: whether the petitioners should

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