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2024 Supreme(Guj) 985

UMESH A. TRIVEDI, RAJENDRA M. SAREEN
Union Of India – Appellant
Versus
Sudhir Kumar, Son Of Kamta Prasad – Respondent


Advocates Appeared:
For the Petitioner: Mr. Harsheel D. Shukla.
For the Respondents: Himanshi R. Balodi, Karishma S. Joshi, Mr. Anand L. Sharma.

JUDGMENT :

(Umesh A. Trivedi, J.)

1. The petitioners, by way of this petition under Articles 226 and 227 of the Constitution of India, challenged an order passed by Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad (hereinafter referred to as ‘the Tribunal’ for the sake of convenience) dated 3rd February, 2017, whereby Original Application no.267 of 2013 came to be allowed with direction to the petitioners that if recommended candidate Shri More Rajesh Sudhakar (deceased) was appointed and pursuant to the same, had he reported for duty, then the respondents (present petitioners), on appointing the applicant to the post of Catering Supervisor shall fix his pay notionally with effect the date on which Shri More Rajesh Sudhakar reported for duty, but with no arrears of pay.

2. Brief facts of the case are here as under :

2.1 The respondent was a candidate for the post of Catering Supervisor pursuant to the Advertisement No.SAC:02/2012. According to the case of the respondent, he possessed all the eligibility criteria prescribed in the advertisement. Therefore, he was permitted to participate in the written examination and he was successful and declared qualified for interview.

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