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2023 Supreme(Del) 2493

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Chief Secretary Gnctd – Appellant
Versus
Inder Kumar Group C Post – Respondent


Advocates appeared:
Mrs. Avnish Ahlawat, SC with Ms. Tania Ahlawat, Mr. Nitesh Kumar Singh, Mrs. Palak Rohmeta, Ms. Laavanya Kaushik and Ms. Aliza Alam, Advocates, for the Petitioners.
Mr. Naresh Kaushik, Advocate, for the Respondents.

JUDGMENT

V. Kameswar Rao, J. (Oral)

1. The present petition has been filed by the Government of NCT of Delhi and its functionaries challenging the order dated October 31, 2022 whereby the Central Administrative Tribunal, Principal Bench, New Delhi (`Tribunal', hereinafter) has allowed the original application filed by the respondents herein and directed as under:

    "In the light of the facts and discussion detailed above, we cannot sustain the impugned orders which are accordingly set aside. The applicants shall be deemed to have been continuing to hold the post of Pharmacist from the date of their appointment. As far as the Applicant-no. 1 is concerned, the competent authority amongst the respondents shall pass an appropriate order reinstating him with effect from the date his services were terminated and further specify that pursuant to reinstatement, he would be deemed to have been in continuous and uninterrupted service. He is entitled to all the consequential benefits subsequent to his reinstatement. These benefits, in the normal course, would have been awarded to the Applicant no.1 only on notional basis; however, we have to take into consideration the fact that the termination

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