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2024 Supreme(Online)(CAT) 5670

CENTRAL ADMINISTRATIVE TRIBUNAL
M. Swaminathan, Judicial Member, Sisir Kumar Ratho, Administrative Member
C. Babu – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellants/Petitioners: M/s. Menon, Karthik, Mukundan &Neelakantan
For the Respondents: Mr. K. Rajendran, SCGSC for R.1 & 3, Dr. M. Devendran, for R.2

Table of Content
1. summary of recruitment process and applicant's reserve list position. (Para 2)
2. litigation delay invokes actus curiae neminem gravabit. (Para 3 , 4 , 5 , 6)
3. upsc guidelines limit reserve list to 18-24 months. (Para 7 , 8 , 9)
4. no subsequent recruitment; prior relaxation requires consistency. (Para 10 , 11 , 12 , 13 , 14)
5. prior tribunal/high court rulings favor post-expiry operation. (Para 15 , 16)
6. direct appointment from reserve list with benefits. (Para 17 , 18 , 19 , 20 , 21)

ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial Member)

This OA has been filed by the applicant seeking the following relief:

“to set aside order dated 21.07.2016, issued by the 2nd respondent, and consequently direct the respondents to appoint the applicant as Fisheries Scientist with all consequential benefits, including monetary benefits with effect from 17.12.2012 when selection of the other two persons in the General Category was made and pass such further or other orders as this Hon’ble Tribunal may deemed fit and proper and thus render justice”.

2. Brief facts of the case, as submitted by the applicant are as follows: The applicant is currently a Senior Scientific Assis

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