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2021 Supreme(J&K) 214

SANJAY DHAR, PANKAJ MITHAL
Ashok Kumar – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S. A. Naik, Advocate.
For the Respondent: Mr. Nazir Ahmad Bhat, CGSC.

JUDGMENT :

Pankaj Mithal, J

1. The judgment and order dated 17.09.2018 passed by the Central Administrative Tribunal, Chandigarh Bench in TA No.62/00011/2015 : Ashok Kumar v. Union of India, and others and various miscellaneous applications connected thereto, has been challenged by both the sides by filing two writ petitions.

2. The Tribunal by the impugned order has set-aside the order of termination of Ashok Kumar and has directed for his reinstatement into service but without backwages and any promotion. The aforesaid Ashok Kumar has preferred the writ petition being WP(C) No.2754/2019 claiming backwages whereas the other writ petition being WP(C) No.1728/2019 has been filed on behalf of the Union of India.

3. The aforesaid Ashok Kumar came to be appointed on a post of Peon/Mate (SSK) upon selection pursuant to the advertisement dated 05.12.2011 which provided for the minimum qualification for the said post as Matriculation from a recognized Board/ University or ITI in any trade from a recognized Institute/ University or equivalent course from an Institute recognized by National College for Vocational Training. The aforesaid appointment of the petitioner has been cancelled initially

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