SUDHIR AGARWAL,J. - (1.) Heard Sri. Ashok Singh, learned counsel for petitioners and Sri. R.K. Saxena, Advocate for applicant-respondent.
(2.) This writ petition under Article 226 of the Constitution of India has been filed by Union of India and its authorities being aggrieved by judgment and order dated 23.08.2013 passed by Central Administrative Tribunal, Additional Bench at Allahabad (hereinafter referred to as "Tribunal") in Original Application (hereinafter referred to as "OA") No. 1913 of 2010. Tribunal has allowed OA and directed petitioners to consider applicant-respondent, Varun Kumar Niraj for appointment as Other Backward Class (hereinafter referred to as "OBC") candidate based on caste certificate dated 19.03.2004 and if he is meritorious and otherwise eligible, to select him in the category of OBC, pursuant to recruitment notification dated 05-11.04.2008, after verifying the fact that applicant-respondent does not fall in creamy layer on the crucial date, i.e., closing date for the posts in terms of advertisement for Combined Graduate Level Examination, 2008 (hereinafter referred to as "CGLE, 2008").
(3.) Facts, in brief, giving rise to present writ petition are that Staff Selection Commission (hereinafter referred to as "SSC") conducted CGLE, 2008 and for that purpose published an advertisement in Employment News dated 05-11.04.2008. Aforesaid examination was conducted for various Group 'B' and 'C' non-gazetted posts, i.e., Inspector (Central Excise)/Inspector (Preventive Officer)/Inspector (Examiner) in Custom Houses; Assistant for Offices/Organization like Central Secretariat Service, Railway Board, Election Commission of India, Central Vigilance Commission etc.; Inspector of Income Tax; Assistant Enforcement Officers; Divisional Accountant and Auditors/Junior Accountants etc. Reservation for various categories as per instructions of Department of Personnel and Training (DOPT) was made applicable in aforesaid advertisement. In respect of OBC aforesaid advertisement for the purpose of age relaxation and reservation said as under: "Other Backward Class (OBC) for the purpose of Age Relaxation And Reservation will mean "Persons of OBC category belonging to the Creamy Layer" as defined in Government of India, Department of Personnel and Training OM No. 36012/22/93-Estt. (SCT) dated 08.09.1993 and modified vide Govt. of India Deptt. of Personnel and Training OM No. 36033/3/2004-Estt(Res) dated 09.03.2004.";