UNION OF INDIA Vs. ANUP KUMAR

JUDGEMENT

(1.) Counsel appearing for the petitioner has canvassed a point to the effect that the judgment upon which the reliance is placed by the petitioner which is reported in (1995) 2 SCC 745 in the case of R.K. Sabharwal and Others versus State of Punjab and Others has not been considered by the Central Administrative Tribunal.

(2.) The factual aspects of the matter was also argued before the learned Central Administrative Tribunal, Circuit Bench, Ranchi to the effect that the roster point was not utilized for the post of SSE (Estimate). Moreover, this petitioner is also relying upon a circular which is part of Annexure-2. The said circular is dated 21st August, 1997. Though this circular was also argued but the learned Central Administrative Tribunal, Circuit Bench, Ranchi has not properly appreciated the same while deciding O.A.No.051/00045/2016 vide judgment dated 9th August, 2017 and hence, Civil Review application will be preferred by this petitioner before Central Administrative Tribunal, Circuit Bench, Ranchi. Hence, learned counsel for the petitioner is not pressing this writ petition and submitted that liberty may be reserved with this petitioner to prefer Civil Review application in O.A.No.051/00045/2016.

(3.) Permission, as prayed for, is granted. This writ petition is disposed of as not pressed, at this stage.