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2023 Supreme(Del) 3074

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Basant Kumar – Appellant
Versus
Election Commissoin of India – Respondent


Advocates appeared:
Ms. Meenakshi Arora, Sr. Adv. with Mr. Venkata Subramoniam T.R. and Mr. Rahat Bansal, Advs., for the Petitioner in W.P.(C) 1736/2007 & CM Appl. 3194/2007.
Ms. B. S. Rajesh Agrajit, Mr. Priya Nagar and Mr. Siddharth Goswami, Advs., for the Petitioner in W.P.(C) 4762/2007.
Mr. Sidhant Kumar, Adv., for ECI.
Ms. B. S. Rajesh Agrajit, Mr. Priya Nagar and Mr. Siddharth Goswami, Advs., for R-3 to R-11 in W.P.(C) 1736/2007 & CM Appl. 3194/2007.

JUDGMENT

V. Kameswar Rao, J.

1. Vide this order/judgment; we shall decide the aforesaid two writ petitions which arise from an order dated August 30, 2006 passed in Original Application being O.A. 2785/2004 ( `O.A', for short) and order dated October 16, 2006 passed in Review Application being RA 152/2006 (`RA', for short) in OA 2785/2004.

2. For convenience, the petitioners in W.P.(C) 1736/2007 shall be referred to as ad hoc appointees and the petitioners in W.P.(C) 4762/2007 shall be referred to as direct recruits.

3. Vide W.P. (C) 1736/2007, the ad hoc appointees have challenged the aforesaid order dated August 30, 2006, of the Tribunal to the extent that the Tribunal has set aside the seniority list issued by the Election Commission of India/respondent No.1 (`ECI', for short) in the grade of Lower Division Clerk (`LDC', for short) with a further direction to the respondent No.1 to re-determine the seniority of the applicants in the O.A., who are the direct recruits/respondent Nos. 3 to 12 in W.P.(C) 1736/2007 and also the petitioners in W.P.(C) 4762/2007.

4. The O.A. was filed by direct recruits before the Tribunal challenging the final seniority list dated June 11, 2004 iss

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