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Judgment
ORDER
Ms. Nita Chowdhury, Member (A):
OA No.1928/2014 was heard on 21.03.2018 and orders on the same were reserved.
While going through the counter reply, it is found that the respondents have raised the following preliminary objection:-
“16.Union Public Service Commission has filed WP(C) No. 2877/2012 in Hon’ble High Court of Delhi (Annex. R-11) against the applicant and others challenging order dated 14.09.2011 of Hon’ble Tribunal, Principal Bench, New Delhi in OA No.3067/2010. The matter is still pending its decision. The outcome of this case has bearing on the date of promotion of the applicant to the post of DDG(S) and also his eligibility for NFU to the grade of HAG of ISS.
In this regard, the Hon’ble High Court has passed the following order dated 16.05.2012 in WP (C) No. 2877/2012:-
“Issue notice. The respondent No.1 is present in person. He accepts notice. Notice is also accepted by the learned counsel for the respondents 2 to 5. A copy of the paper book be supplied to the respondent No.1 within three days. The respondents may file their counter-affidavits within four weeks thereafter and the rejoinder-affidavits, if necessary, be filed within four weeks thereafter. Renotify 04.12.2012. In the meanwhile, there shall be stay of operation of the order dated 14.09.2011 in OA No.3067/2010.”
As the earlier promotion of this applicant has been done due to the order of the Tribunal dated 14.09.2011 in OA No.3067/2010 and as the further NFU which he is asking for in this OA, can only be considered after the decision in the Writ Petition pending, it would be, in the fitness of things, if this matter is taken up finally after the decision of the Hon’ble High Court in the aforesaid Writ Petition. As the orders of the Tribunal have already been stayed, the matter is adjourned sine die with liberty to the parties to revive the OA after the order is passed in the aforesaid Writ Petition.