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2024 Supreme(Del) 469

REKHA PALLI, SUDHIR KUMAR JAIN
Rajender Prasad – Appellant
Versus
New Delhi Municipal Council – Respondent


Advocates appeared:
Mr. Surinder Kumar Bhasin, Mr. Sanjay Kumar, Advocates, for the Petitioner; Ms. Sriparna Chatterjee, Advocate, for the Respondent

JUDGMENT

Rekha Palli, J. (Oral) - The present writ petition under Articles 226 and 227 of the Constitution of India seeks to assail the order dated 07.12.2018 passed by the learned Central Administrative Tribunal (the Tribunal) in O.A. 3224/2016. Vide the impugned order, the learned Tribunal has rejected the petitioners' challenge to the abolishment of the 5% quota earlier reserved for Enquiry Attendants and Road Inspectors for promotion to the post of Junior Engineer (Civil). The learned Tribunal has however, quashed the decision of the respondent to seek recovery of the additional payments made to the petitioner on account of the erroneous implementation of the time bound promotion scheme. The petitioners also assail the order dated 16.01.2019 vide which their review application was dismissed by the learned Tribunal.

2. Learned counsel for the petitioners submits that the impugned order in so far as it rejects the petitioners' prayer for being granted the benefit of reservation for promotion to the post of Junior Engineer (Civil), is wholly perverse. The learned Tribunal has failed to appreciate that the respondent having introduced on 28.10.1986, a 5% reservation for Enquiry Atten

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