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CENTRAL ADMINISTRATIVE TRIBUNAL
B. Anand, Administrative Member, Sanjeev Gupta, Judicial Member
Shyam Singh – Appellant
Versus
Union Territory of Jammu & Kashmir – Respondent
| Table of Content |
|---|
| 1. applicant's qualifications, interview, litigation history, and delayed appointment. (Para 1 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. respondents' counter: prospective appointment, no retrospective seniority. (Para 9 , 10 , 11 , 12 , 13) |
| 3. applicant's claims: retrospective seniority, pay protection, discrimination. (Para 15 , 16 , 17) |
| 4. seniority from date of actual appointment per cca rules and precedents. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 5. pay protection required due to discrimination and government orders. (Para 24 , 25 , 26) |
| 6. oa partly allowed: no retrospective seniority, yes pay protection. (Para 27 , 28) |
ORDER
Per:- Sanjeev Gupta, Judicial Member
The applicant has filed the present Original Application under Section-19 of the Administrative Tribunals Act, 1985 praying for following reliefs:-
(a) Direct the respondents to effectuate the appointment of the applicant as Lecturer Cardiothoracic Surgery, Government Medical College, Jammu with effect from 05.06.2008 i.e. the date of interview and fix his seniority as Professor Cardiothoracic Surgery.
(b) Necessary directions to Chief Judicial Magistrate Jammu for proceeding against respondent No. 5, then Deputy Secretary, Health
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