Mukesh Kumar And Others v. Union Of India And ORS

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: July 03, 2023 7,8 &9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8420/2023 & CM APPL. 32094/2023 MUKESH KUMAR AND OTHERS ..... Petitioner Through:

Mr. Arun Bhardwaj, Senior Advocate with Mr.

Soumitra Chatterjee, Ms. Sriparna Chatterjee, Mr. Manish and Mr.

Nishant Bahuguna, Advocates.

versus UNION OF INDIA AND ORS ..... Respondents Through:

Ms. Arunima Dwivedi, CGSC with Ms. Pinky Pawar, Mr. Aakash Pathak, Advocates for R-1 & R-3.

Mr. A. K. Bahera, Senior Advocate and Mr. Sanjay Singh, Advocate for R-2.

+ W.P.(C) 8421/2023 & CM APPL. 32095/2023 AMAR NATH PRASAD AND ANOTHER ..... Petitioners Through:

Mr. Arun Bhardwaj, Senior Advocate with Mr.

Soumitra Chatterjee, Ms. Sriparna Chatterjee, Mr. Manish and Mr.

Nishant Bahuguna, Advocates.

versus UNION OF INDIA AND ORS ..... Respondents Through:

Ms. Arunima Dwivedi, CGSC with Ms. Pinky Pawar, Mr. Aakash Pathak, Advocates for R-1 & R-3.

Mr. A. K. Bahera, Senior Advocate

and Mr. Sanjay Singh, Advocate for R-2.

+ W.P.(C) 8422/2023 & CM APPL. 32096/2023 ARVIND KUMAR AND ANOTHER ..... Petitioner Through:

Mr. Arun Bhardwaj, Senior Advocate with Mr.

Soumitra Chatterjee, Ms. Sriparna Chatterjee, Mr. Manish and Mr.

Nishant Bahuguna, Advocates.

versus UNION OF INDIA AND OTHERS ..... Respondents Through:

Ms. Arunima Dwivedi, CGSC with Ms. Pinky Pawar, Mr. Aakash Pathak, Advocates for R-1 & R-3.

Mr. A. K. Bahera, Senior Advocate and Mr. Sanjay Singh, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA V. KAMESWAR RAO (Oral) 1.

In these three petitions listed today, challenge is to an order dated June 02, 2023 passed by the Central Administrative Tribunal ('Tribunal' in short), Principal Bench, New Delhi in O.A.Nos.939/2023, 1293/2023 and 1037/2023, wherein the Tribunal has modified its earlier order dated March 29, 2023 by stating that the seniority list dated October 07, 2022 shall be subject to the final outcome of the aforesaid OAs. 2.

Mr. A.K. Bahera, learned Senior Counsel appearing for the private respondents and Ms. Arunima Dwivedi, CGSC appearing on behalf of Union

of India and CBDT, submit that the counter affidavit/reply (if not already filed) to the OAs shall be filed within three weeks from today. If that be so, rejoinder thereto, if any, be filed within a period of two days thereafter. 3.

It is made clear that the interim order passed by this Court on June 07, 2023 to the extent that, this Court had directed that the DPC for effecting promotion to the grade of Superintendent from the grade of Inspector, shall not be held till the next date of hearing, shall continue till the next date of hearing before the Tribunal i.e. July 26, 2023. It is also made clear that if in the eventuality the OAs are not heard on next date of hearing, the Tribunal shall hear the parties on the continuance of the interim order passed by this Court on June 07, 2023 as extended by us today till the next date of hearing before the Tribunal without being influenced by the order dated June 07, 2023 passed by this Court.

4.

The petitions are disposed of. Pending applications also stand disposed of.

V. KAMESWAR RAO, J.

ANOOP KUMAR MENDIRATTA, J.

JULY 03, 2023/mr