Union Of India And ANR. v. Gurmit Singh And ANR.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9573/2018 UNION OF INDIA AND ANR.

..... Petitioners Through:

Mr. Arun Bhardwaj, CGSC with Mr.

Ashish Rai, Advocate for Mr. Nikhil Bhardwaj, Advocate versus GURMIT SINGH AND ANR.

..... Respondents Through:

Mr. Harpreet Singh, Advocate with Mr. Arunesh Sharma and Ms. Suhani Mathur, Advocates

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 12.12.2019

1. The present petition is directed against an order dated 4th October, 2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi ('CAT') allowing the OA No. 1848/2016 filed by the Respondent and directing the Petitioners herein to redraw the seniority list as per the concepts of 'catch-up rule' and 'consequential seniority' and assign the appropriate seniority position to Respondent Nos. 1 and 2 herein, above the Respondent No. 3 in the OA, with all consequential benefits, including consideration for further promotions with effect from the due dates, if he is otherwise eligible, however, without any back wages.

2. Since the Respondents have superannuated, and in view of the

submissions made before the Court, it is considered appropriate to direct that the question of law raised by the Petitioners in the present petition is left open for consideration in an appropriate case and that the impugned order of the CAT would not constitute a precedent in other cases.

3. With the above observations, the impugned order of the CAT is affirmed. The Petitioners will now implement the directions issued by the CAT by issuing appropriate orders not later than eight weeks from today.

4. The petition is disposed of in the above terms. S. MURALIDHAR, J.

TALWANT SINGH, J.

DECEMBER 12, 2019 rr