MADHUKAR SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The above case has been registered in: pursuance of our order dated 23-11-90 in Transfer Petition (Civil) No. 546/90 transferring O.A. No. 191 of 1990 under Art. 139-Aof the Constitution of India from the file of the Central Administrative Tribunal, Patna Bench, Patna. The appellants prayer is to dispose of the above case along with Civil Appeals Nos. 5439-52/90 (arising out of SLP (Civil) Nos. 13525-38 of 1990). The relief sought for by the appellant before the CAT, Patna Bench was similar to the one before the CAT, Principal Bench, Delhi that being to declare the second proviso to R. 4 of C.S.E. as violative of Arts. 14 and 16 of the Constitution of India. On 29-8-90 the Patna Bench in M.P. No. 36/90 granted an interim relief which reads thus :

(2.) Mr. Salman Khurshid appearing for the appellant submitted that the interim direction given by the Patna Bench if covered by the directions given in paras 5(ii) and 6 of the Order of CAT, Delhi he has no further submission to be made, and the implementation of those directions will satisfy his relief,

(3.) We in our order dated 7-12-1990 have clarified certain directions given by the CAT. Delhi with reference to the various interim orders passed by it in a number of OAs and finally gave the following direction :