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2023 Supreme(Del) 3582

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Dsssb – Appellant
Versus
Ravi Kumar – Respondent


Advocates appeared:
Mrs. Avnish Ahlawat, Standing Counsel with Ms. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Palak Rohmetra, Ms. Laavanya Kaushik, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates, for the Petitioner.
Ms. Pragnya Routray, Advocate, for the Respondents.

JUDGMENT

V. Kameswar Rao (Oral)

CM APPL. 42662/2023

1. Exemption allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P.(C) 11008/2023 & CM APPL. 42661/2023

3. The challenge in this writ petition is to an order dated May 08, 2023 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. 4318/2017, whereby the Tribunal has allowed the O.A. in favour of respondent no. 1 herein by stating in paragraphs 7 & 8 as under:

    "7. In view of above, we have no doubt in our minds that the issue and the facts of the present case are identical and same to the one in O.A. No. 1012/2019 irrespective of the Post Code. Therefore, we have no reason to take a divergent view. Accordingly, this O.A. is also allowed.

    8. In view of the above, the present OA is allowed. The impugned order dated 06.07.2017 is quashed and set aside. We hereby direct the respondents to proceed with an offer of appointment to the applicant, if otherwise found eligible, except for the issues raised above. The respondents are also directed to grant consequential reliefs to the applicant on notional basis. This exercise shall be completed within a period of three months from the date o

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