KAMAL KANT Vs. UNION OF INDIA

JUDGEMENT

(1.) The present review petition has been filed by the petitioner/review petitioner [hereinafter "review petitioner"] against the final judgment dtd. 1/3/2021 passed in W.P.(C) 205/2021, whereby the petition filed by the petitioner challenging the order dtd. 3/12/2020 passed by the Central Administrative Tribunal in OA No.1973/2020, was dismissed.

(2.) Notice in the review petition was issued on 8/10/2021. Replies of the respondents no.1 and 3 and the respondent no.2, UPSC as well as the rejoinders thereto are on record. Arguments were heard on 28/4/2023, when judgment was reserved in the review petition. Both sides have also filed their respective written submissions.

(3.) The main ground for review raised on behalf of the review petitioner is that Office Memorandum [hereinafter "OM"] dtd. 8/4/2013 issued by the respondent no.1, Department of Personnel and Training [hereinafter "DoPT"] was wrongly applied in the present case as the said OM cannot override the Ex-Servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules, 2012 [hereinafter "ESM Rules, 2012"], which continue to hold the field. It is further submitted that Rule 5(c) of the ESM Rules, 2012 is only applicable to vacancies filled by recruitment under "recruitment on the results of an All India Competitive Examination". Therefore, the petitioner's case would not be governed by Rule 5(c) of the ESM Rule, 2012 but Rule 5(b) of the ESM Rules, 2012.