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2026 Supreme(Online)(CAT) 5501

Central Administrative Tribunal, Allahabad


Original Application No.1288 of 2016


Pronounced on this the 27th Day of April, 2026.


Hon’ble Mr. Justice Om Prakash VII, Member (J)


Hon’ble Mr. Mohan Pyare, Member (A)


1. Ram Ji Yadav a/a 53 years, S/o Shri Mangal Prasad, R/o H.No. 9, Sujatganj, PO-COD Kanpur, Kanpur.


2. Dasrat Singh a/a 55 years, S/o Nepal Singh, R/o Vill & Post- Rawatpur- Chawdhriyan, Kanpur Dehat.


3. Abdul Saleem a/a 53 years, S/o Abdul Rahman, R/o A-251, World Bank Colony, Pokhpur, Jajmau, Kanpur.


4. Sailendra Kumar Chaturvedi a/a 52 years, S/o Ram Abhilash Chaturvedi, R/o 226/1, Safipur, Harjinder Nagar, Kanpur.


5. Arjun Kumar Sharma a/a 53 years, S/o Sada Shiv Sharma, R/o H. No.217, COD Colony, Koyla Nagar, Kanpur.


.........Applicants


By Advocate: Shri M.K. Upadhyay, Shri Anil Kumar Singh


Versus


1- Union of India through Secretary Ministry of Defence, Government of India, New Delhi.


2- Director General of Ordinance Services, Army Head Quarter, New Delhi.


3. General Officer Commanding in Chief, Head Quarter Central Command, Lucknow.


4- General Officer, Commanding, Head Quarter-6, Mountain Division, Bareilly.


5- Commandant, Central Ordinance Depot, G.T. Road, Kanpur.


...Respondents


By Advocate: Shri Vidyapati Tripathi


ORDER


By Hon’ble Mr. Mohan Pyare, Member (A)

1. Ram Ji Yadav a/a 53 years, S/o Shri Mangal Prasad, R/o H.No. 9, Sujatganj, PO-COD Kanpur, Kanpur. 2. Dasrat Singh a/a 55 years, S/o Nepal Singh, R/o Vill & Post- Rawatpur- Chawdhriyan, Kanpur Dehat. 3. Abdul Saleem a/a 53 years, S/o Abdul Rahman, R/o A-251, World Bank Colony, Pokhpur, Jajmau, Kanpur. 4. Sailendra Kumar Chaturvedi a/a 52 years, S/o Ram Abhilash Chaturvedi, R/o 226/1, Safipur, Harjinder Nagar, Kanpur. 5. Arjun Kumar Sharma a/a 53 years, S/o Sada Shiv Sharma, R/o H. No.217, COD Colony, Koyla Nagar, Kanpur.

2. Brief facts of this case are that the applicants had applied against the vacancies released by the Army Head Quarter vide order dated 30.08.1996 for 68 Majdoor, order dated 20.09.1996 for 20 Fireman and the order dated 10.10.1996 for 2 Messenger in the Central Ordinance Depot, Kanpur. Thereafter, some of the applicants were allowed to join in their respective posts for which they were selected. In the meantime, some complaints were lodged with the allegations that irregularities were committed in the selections to these posts. The C.O.D. Majdoor Sangh had assailed the selection list by filing a CMWP No.2121/1998 which was dismissed by the Hon’ble High Court vide an order dated 20.01.1998. On 03.03.1998 an inquiry officer was appointed to inquire into the alleged inquiry and it submitted the report on 16.05.1998 that the allegations were false and mischievous. Thereafter, respondent no.2 gave permission/sanction for issuing appointment letters to the selected candidates. The Army Headquarter vide letter dated 21.05.1998 gave clearance to issue appointment letters. 27 appointment letters were processed and signed by the commandant on 26.05.1998 and they were dispatched by registered post on the same day. Some of the successful candidates appeared on 27.05.1998 and reported for joining duties. However, on 29.05.1998, respondent no.5 directed that the applicants have to await further instructions as advised to them by the higher authorities. Some of the applicants were not allowed to join and some denied work permission whereas others were not even issued/allowed to join as various complaints were received against the selection proceedings and the army headquarter vide telex order dated 27-05- 1998 directed to keep the appointments in abeyance until further orders. The telex message was followed by letter No. AHQQ No.370726/05-14 dated 27-05-1998. Aggrieved by this action of the army headquarters several applications have been filed in this tribunal for quashing the order dated 27-05-1998 and for a direction to the respondents to permit the selected candidates to discharge their duties and to pay their salary and other benefits admissible against their posts w.e.f. 26-05-1998. It has also been prayed that a direction be given to the respondents to issue appointment letters to remaining selected candidates as per list dated 20-12-1997 and they may be treated in service.

3. Earlier the applicants filed Original Application before this Tribunal and on this issue, the leading O.A No. 917/98 along with connected matters, was dismissed by this Tribunal vide order dated 03.08.2000. The operative para of the order dated 03.08.2000 is quoted below:- "For the reasons stated above, though we do not find any merit in the O.As and all the applications are being dismissed. However, the respondents are directed to conclude the Court of enquiry and pass orders in accordance with law expeditiously, in any case within a period of four months from the date a copy of this order is filed before the authority competent in this regard. There will be no order as to costs." Against the above order, a writ petition No. 51882/2000 was filed before the Hon'ble High Court which was dismissed on 26.05.2011. In the said judgment, the Hon'ble High Court had observed as under: - "On 3.4.2002, this Court had directed the respondents to inform the Court whether the Court of enquiry was concluded. Shri P.N. Shukla sought several adjournments. On

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