AMIT RAWAL, J.

1. The Union of India has approached this Court by invoking the extraordinary jurisdiction under Article 226/227 of the Constitution of India for setting aside the order dated 23.11.2016 (Annexure P-1) passed by the Central Administrative Tribunal (hereinafter called as “Tribunal”) in OA No.060/00216/2016.

2. The facts emanated from the writ petition and the order of CAT are that the applicant-private respondent approached the Tribunal seeking following relief:-

3. “Quash para No.13 of Annexure attached with DOPT OM dated 10.02.2000 (Annexure A-1), which stipulates that Ex-Servicemen reemployed as civilian employees, shall be entitled for upgradation under the Scheme on completion of 12/24 years of service after direct recruitment in the civil employment also such category of persons would already be drawing pension on the basis of their service in the armed forces, as mentioned in order dated 19.10.2015, as there cannot be discrimination on the basis of department particularly applicant is not drawing any retiral benefits.

(ii) Quash clarification issued under para 4 of the Annexure of DOPT OM dated 09.09.2010 (Annexure A-2), which stipulates that benefit unde