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2023 Supreme(Del) 5474

ANUP JAIRAM BHAMBHANI
Shalini Singh – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocates appeared:
Mr. Ravi Kumar, Advocate, for the Petitioner.
Mr. Nikhil Jain, Advocate for R-1 and 2.
Mr. Harish Vaidhyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Alexander Mathai Paikaday and Mr. Krishnan V., Advocates, for the Respondents.

JUDGMENT

Anup Jairam Bhambhani J.

CM APPL. No. 59788/2023

By way of the present application filed on the principles of section 151 of the Code of Civil Procedure 1908, the petitioner prays for a direction to respondents Nos. 1 and 2 to permit her to apply for, and appear in, the exam scheduled on 17.12.2023 as notified vide notice dated 15.11.2023 titled "Re: Promotion Exercise 2024-2025 within Class I Officers" as read with revised notice dated 16.11.2023 issued for that examination.

2. Notice on this application was issued on 22.11.2023.

3. Reply/counter-affidavit dated 30.11.2023 was filed on behalf of contesting respondents Nos.1 and 2.

4. Mr. Ravi Kumar, learned counsel appearing for the petitioner has submitted that vide order dated 21.07.2020 made in the present petition, this court had "protected the interest" of the petitioner insofar as promotion from Scale II to Scale III in the year 2020 is concerned, by observing as under :

    "...... any further action of holding the interviews will be subject to the outcome of the present petition qua the Petitioner.

5. Furthermore, counsel has pointed-out that vide order dated 10.09.2021, this court had observed as under :

    "4. In fact, I note i

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