P. Gairola & ORS v. Union Of India & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1343/2017 & CM No.6125/2017, CAV No.151/2017 P. GAIROLA & ORS ..... Petitioners Through:

Mr.

Siddharth Luthra, Senior Advocate with Mr. S.K. Dubey, Mr.

Nitin Saluja, Mr. K. Bhargava & Ms.

Sudha Singh, Advocates versus UNION OF INDIA & ORS ..... Respondents Through:

Mr. Waize Ali Noor, Advocate for UOI Mr.

Ajesh Luthra, Advocate for Caveator

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 15.02.2017 Having heard learned counsel for the parties, we are not inclined to interfere with the impugned interim order dated 3.2.2017 passed by the Principal Bench of the Central Administrative Tribunal ('Tribunal'). 2.

The Tribunal has primarily applied the principle of balance of convenience, for it would not be just and fair to stay the selection process for 32 posts under the Limited Departmental Competitive Examination. 3.

The contention relating to violation of quota, etc. are matters which

can be examined and determined later.

4.

To protect the interests of the petitioners, the Tribunal has directed that all promotions made would be subject to the outcome of the original application. In other words, in case the petitioners herein succeeded, the appointments made could be set aside and the interest of the petitioners will be fully protected.

5.

Learned counsel for the petitioners submits that the petitioners want an early disposal. It is open to the petitioners to make the said prayer before the Tribunal, which we trust would be considered, keeping in view the pendency and other aspects.

6.

The writ petition is dismissed. The pending applications are disposed of. No costs.

SANJIV KHANNA, J CHANDER SHEKHAR, J FEBRUARY 15, 2017 tp