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2023 Supreme(Del) 4947

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Union of India – Appellant
Versus
Arun Mishra – Respondent


Advocates appeared:
Mr. Jaswinder Singh and Ms. Shipra Shukla, Advocates, for the Petitioner.
Mr. Krishnan Venugopal, Senior Advocate with Mr. Siddhartha and Mr. Avinash Mathew, Advocates, for the Respondent-1.
Ms. Madhumita Bhattacharjee, Advocate, for the Respondent-2/State of West Bengal.

JUDGMENT

V. Kameswar Rao, J. (Oral)--The challenge in this petition by the Union of India/petitioner is to an order dated August 21, 2019 passed by the Central Administrative Tribunal (the `Tribunal', for short) in O.A. 3163/2018 whereby the Tribunal has allowed the original application filed by the respondent No.1 herein by holding that the application for voluntary retirement submitted by respondent No.1 shall be deemed to have been accepted on expiry of 90 days from the date of application and he shall be entitled to all the benefits under the relevant provisions of law within a period of three months from the date of receipt of a certified copy of the Tribunal's order.

2. The facts as noted from the record are, the respondent No.1 is an IAS Officer of 1986 batch, West Bengal Cadre. In 2004, he went on central deputation and held various positions in the Government of India. The respondent No.1's central deputation came to an end on December 31, 2013. While on central deputation, the respondent No.1, received an Offer of Assignment in the International Civil Aviation Organization (`ICAO', for short) as the Regional Director for a period of four years. However, the cadre clearanc

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