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2024 Supreme(All) 340

ATTAU RAHMAN MASOODI, BRIJ RAJ SINGH
Vishwash Kanaujia – Appellant
Versus
Ram Chandra Pathak – Respondent


Advocates Appeared:
For the Appellant : Utsav Mishra, Abhineet Jaiswal, Gaurav Mehrotra
For the Respondent: Raj Kumar Pandey, C.S.C.

Table of Content
1. factual background and promotion details. (Para 5 , 8 , 9)
2. arguments regarding merits and promotions. (Para 16 , 18 , 21)
3. court's observations on equity and relevant law. (Para 24 , 26 , 29)
4. legal reasoning for merit-based promotions. (Para 36 , 37 , 82)
5. final decision and affirmation of judgment. (Para 58 , 60 , 70)

JUDGMENT :

Attau Rahman Masoodi, J.

(1) Heard Sri Vimal Kumar Srivastava, learned Additional Advocate General assisted by Sri Praful Kumar Yadav, learned Additional Chief Standing Counsel appearing for the applicants/appellants and Sri S.C. Mishra, learned Senior Advocate assisted by Sri Raj Kumar Pandey, learned counsel appearing for the sole respondent on the application for condonation of delay in Special Appeal No. 930 (D) of 2003, as the appeal has been filed beyond time by five days, as reported by the Office.

(2) Learned Counsel appearing for the respondents submits that he has no objection, if the application for condonation of delay is allowed.

(3) In view of above, the application for condonation of delay (C. M. Application No.1 of 2023 moved in Special Appeal No. 930 (Defective) of 2023 is allowed and the delay in filing the special app

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