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2023 Supreme(Del) 546

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Deepak Singh Bhadauria – Appellant
Versus
Delhi Metro Rail Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
Karanjot Singh Mainee, Shreya Gupta, V.S.R. Krishna, V. Shashank Kumar.

JUDGMENT :

V. KAMESWAR RAO, J.

CM APPL. 21930/2023

1. Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P. (C) 5596/2023

2. The challenge in this petition is to an order dated September 16, 2022 passed by the Central Administrative Tribunal (‘Tribunal’, for short) in an Original Application being OA 4348/2018, filed by the petitioner herein. The challenge in the OA was to an order dated January 30, 2018 issued by the respondents whereby the request of the petitioner for promoting him to the post of Sr. SC/TO was rejected.

3. The Tribunal vide the impugned order has rejected the OA by stating in paragraph 11 as under:

    “11. In the facts and circumstances of the case and after appreciating the legal position, we do not find any illegality in the promotion given to the applicant's junior. When applicant did not acquired the Bench Mark for last preceding 3 years for consideration of higher post. The present OA lacks merits and is accordingly dismissed.”

4. The submission of Mr. Karanjot Singh Mainee, learned counsel appearing for the petitioner is that the

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