UNION PUBLIC SERVICE COMMISSION Vs. R. A. KHAN

JUDGEMENT

(1.) This petition by the Union Public Service Commission (UPSC) assails an order dated 9th September, 2009 passed by the Central Administrative Tribunal (CAT) allowing the OA No. 1453/2009 filed by the Respondents Nos.1 to 8, directing the Respondents Nos.9 to 11 herein i.e. the Government of NCT of Delhi (GNCTD) (Respondent No.9), the Secretary, Social Welfare Department (SWD), GNCTD (Respondent No.10) and the Union of India in the Ministry of Personnel (PG and Pensions), Department of Personnel and Training (DoPT) (Respondent No.11), to consider the claim of the Respondents Nos. 1 to 8 for appointment against the post of Superintendent/CDPO ("Child Development Project Officer") within a period of two months from the date of the order.

(2.) At the outset, it is required to be noticed that in allowing the aforementioned application, the CAT followed its earlier orders dated 21st April, 2004 and 11th August, 2004 passed by it in OA No. 547/2004 (Niraj Kumar Sinha v. Archaeological Survey of India). That order was assailed by the Archaeological Survey of India in this Court in W.P.(C) No.14838- 39/2006, which came to be dismissed by this Court on 20th September, 2006.

(3.) Against the aforesaid order of this Court, the ASI filed Civil Appeal No.2103/2008 which was dismissed by the Supreme Court of India on 4th November, 2015. The Supreme Court in the said order nevertheless clarified that the "question of law raised is kept open to be agitated in an appropriate case".