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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Subhash Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. absorption eligibility based on noc (Para 3 , 4 , 5) |
| 2. no vested right for absorption (Para 7 , 10 , 15) |
| 3. arguments on overstay and promotions (Para 8 , 9 , 12) |
| 4. absorption claims based on equality (Para 11 , 14 , 16) |
| 5. irrelevance of interim orders in rights determination (Para 17) |
JUDGMENT
Amit Bansal, J.
CM No.23708/2021(for exemption) in W.P.(C) 7575/2021
CM No.23784/2021(for exemption) in W.P.(C) 7608/2021
1. Allowed, subject to just exceptions and as per extant Rules.
2. The applications are disposed of.
W.P.(C) 7575/2021 & CM No.23707/2021(for stay)
W.P.(C) 7608/2021 & CM No.23783/2021(for stay)
3. The nineteen petitioners in W.P.(C) No.7575/2021 and four petitioners in W.P.(C) No.7608/2021 who were appointed as Constables on various dates between 1990 and 2003 in different departments of the CAPFs, viz. the Central Reserve Police Force (CRPF) and the Border Security Force (BSF), have filed the present petitions under Article 226 of the Constitution of India impugning (i) the order dated 13th July, 2021 issued by the respondents repatriating the petitioners to their parent departments since `No Objection Certificate' (NOC) was refused to the petition
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