UNION OF INDIA Vs. RAJESH KUMAR SHARMA

JUDGEMENT

(1.) The Union of India and others have challenged the legality of the order dated 31.01.2019 passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, in O.A.No.21/841/2018 whereby the learned Tribunal had allowed the OA filed by the respondent and had issued the following directions:

(2.) Briefly, the facts of the case are that the respondent (henceforth to be referred as applicant) had appeared for the post of Inspector of Customs and Central Excise against the notification issued in 2006. After having undergone the entire selection process, the applicant was not appointed ostensibly on the ground that there was a discrepancy in his caste certificate. Since the applicant was posted in New Delhi, he filed a writ petition before the Hon'ble High Court of Delhi, namely, WP.No.9185 of 2009. Initially, the Hon'ble High Court granted interim stay in favour of the applicant by directing the respondents therein to keep one vacancy in favour of the applicant. Subsequently, the applicant withdrew the writ petition and filed an OA before the Principal Bench at Delhi, namely, O.A.No.102 of 2010. The learned Tribunal continued the interim order granted by the Hon'ble High Court of Delhi. By order dated 03.03.2011, the OA was finally allowed in favour of the applicant. However, it took the Union of India two years time to implement the order of the learned Tribunal. Eventually, by order dated 07.01.2013, the applicant was appointed as Inspector of Customs and Central Excise against the post which was kept unfilled from 2009.

(3.) The petitioners issued a seniority list in 2014 wherein the name of the applicant was shown at Sl.No.592 along with others, who were appointed as per the 2006 notification.