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2024 Supreme(Online)(CAT) 17163

CENTRAL ADMINISTRATIVE TRIBUNAL
Mrs. Justice S Sujatha, J, Dr. Sanjiv Kumar, A
NIMHANS Employees Association, Affiliated to all India Health, Employees and Workers Confederation – Appellant
Versus
The Union of India – Respondent


Advocates:
For the Appellants/Petitioners: Shri Vishwanath Bhat, Shri Prithiveesh M.K.
For the Respondents: Shri Vishnu Bhat, Shri K.Prabhakar Rao, Shri M.Narayana Bhat

Table of Content
1. identification of applicants and their roles (Para 1 , 2 , 4 , 5)
2. reliefs sought by the applicants (Para 3 , 6)
3. arguments regarding legality of amendments (Para 7 , 8)
4. discussion on nimhans governance and rules (Para 9 , 10 , 12 , 13)
5. regulations governing recruitment processes (Para 14 , 16)
6. mandatory publication for validity of recruitment rules (Para 32 , 39)
7. resolution of disputes regarding promotions (Para 40)

ORDER

Per: Justice S.Sujatha ...........Member(J)

Since common and akin issues are involved, both the matters are clubbed, heard together and disposed of by this common order.

2. OA No.239/2022 has been filed by the applicants under Section 19 of the Administrative Tribunals Act , 1985 seeking the following reliefs:

“(i) Issue a writ of certiorari or any appropriate order or direction to quash the impugned circular bearing No.NIMH/PER(5)/LDCE-2022/2022-23 dated 13.05.2022 vide Annexure A10 in so far as the same pertains to the method of recruitment/appointment to the cadre of Manager.

(ii) To direct the respondent 1 to 3 to make Recruitment/appointment in respect of the existing 16 vacancies in the cadre of Manager at NIMHANS, strictly in acco

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