(1.) These two writ applications W.P.C.T No.140 of 2009 and W.P.C.T No.328 of 2008 arose out of challenge of the self -same order dated 28th November, 2008 passed by the learned Central Administrative Tribunal, Kolkata Bench, in original application No.803 of 2003 filed by one Sri Girish Kumar assailing the decision of Departmental Promotion Committee rejecting his candidature for the promotional post of Higher Administrative Grade, hereinafter referred to as HAG for brevity, by relying upon down -graded and non -communicated annual confidential reports for brevity referred to as ACR, of the years 2002 -2003 to 2005 -06 along with other factors due to lack of qualifying bench mark. Learned Tribunal below allowed the said original application by the order dated 28th November, 2008 directing the respondents to consider the candidature of applicant afresh for selection and recommendation to the promotional post of Higher Administrative Grade by ignoring the non -communicated and down - graded ACRs as mentioned in the said order within 4 months from the date of communication of the order.
(2.) Assailing said order, W.P.C.T No.140 of 2009, a writ application, was filed by the Union of India represented by Secretary, Ministry of Railway, Railway Board, Rail Bhawan, Raisina Road, New Delhi as writ petitioner, praying following reliefs which read such:
(3.) Assailing said order of Tribunal, another writ application W.P.C.T No.328 of 2008 was filed by the applicant of original application Sri Girish Kumar praying the following reliefs:
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