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CENTRAL ADMINISTRATIVE TRIBUNAL
Harvinder Kaur Oberoi, Judicial Member, Sumeet Jerath, Administrative Member
Balwan Singh Mehta – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. violation of promotion priority via direct recruitment. (Para 1 , 2 , 3 , 4 , 5) |
| 2. breach of prior tribunal undertaking on promotions. (Para 6 , 7 , 8 , 9 , 10 , 15) |
| 3. defense of bona fide direct recruitment and seniority. (Para 11 , 12 , 13 , 14 , 16 , 17 , 18 , 19 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 4. no denial of consideration right; valid appointments upheld. (Para 31 , 32 , 33 , 34 , 35 , 36) |
| 5. barred by delay; oa dismissed. (Para 37 , 38) |
ORDER
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J):
Brief facts of the case are that the applicant is presently working as Lab Superintendent in the Central Hospital, Northern Railway, New Delhi, and was fully eligible for promotion to the post of Lab Superintendent Grade III in the pay scale of Rs. 5000–8000 in accordance with Para 165(4) of the relevant Recruitment Rules. The said Recruitment Rules clearly provide that the post of Lab Superintendent Grade III/Chemist in the pay scale of Rs. 5000–8000 is to be filled both by direct recruitment and by promotion. However, the Rules categorically stipulate that direct recruitment is to be resorted to only to the extent that suitable staff are not available for p
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