CENTRAL ADMINISTRATIVE TRIBUNAL
Kumar Rajesh Chandra, Rajveer Singh Verma, JJ
Jay Prakash Singh (IAS) – Appellant
Versus
The Union of India through the Secretary, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training, Government of India, North Block, New Delhi-110001 – Respondent
| Table of Content |
|---|
| 1. intro and reliefs introduction (Para 1 , 2 , 3) |
| 2. brief facts of oa296 (Para 4) |
| 3. brief facts of oa410 (Para 5) |
| 4. procedural positions and responses (Para 6 , 7 , 8 , 9) |
| 5. rule 3(3)(ii) and hearing framework (Para 10 , 11 , 12) |
| 6. ceiling mechanism and navin case discussion (Para 13 , 14 , 15 , 16 , 17) |
| 7. purposive interpretation of proviso (Para 18) |
| 8. final order and relief granted (Para 19) |
ORDER
Per Kumar Rajesh Chandra, A.M. :- The above two OAs have been taken up together for hearing since the prayer and issue involved in these OAs are similar. These two OAs are accordingly decided to be disposed of by the following common order.
2. OA No. 296/2024 has been filed for the following relief:-
“(i) That your Lordships may graciously be pleased to hold and declare the order Annexure A/1 dated 17.01.2024 as contained in issued by the respondents DoPT in respect of assigning Year of Allotment '2013' in place of '2012' comparing them with one Sri Navin with reference to the proviso to Rule-3 (3) (ii) of the Indian Administrative Service (Regulation of Seniority) Rules, 1987 as arbitrary, discriminatory and per-se-illegal.
(ii) That your Lordships may graciously be please
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