Tribunals and CommissionsDivision Bench(2022) 12 CAT CK 0410

Gaurav Singh Yadav & Anr. vs Union Of India & Ors.

Central Administrative Tribunal · Decided on 14 December 2022

HON’BLE JUDGES
B.K. Shrivastava, Member (J) · Mohan Pyare, Member (A)
CASE NUMBER
Original Application No.617 of 2022

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Judgment

5 paragraphs · 240 words

ORDER

Delivered by Hon’ble Mr. Justice B.K. Shrivastava, Member-J

2.

Records of OA No.497 of 2022 (Gaurav Singh Yadav vs. Post UP Circle) and OA No.501 of 2022 (Himanshu Mishra vs. Post UP Circle) received along with present OA.

3.

After argument and perusal of the record, it appears that the applicants were terminated from service. The termination order was challenged in the previous OAs. During the pendency of the aforesaid OAs, a fresh notification for filling up the posts has been issued. The applicants challenged the aforesaid notification by filing the present OA No.617 of 2022

4.

Because the applicants seeking the relief of reinstatement and they are in fear of fresh recruitment by way of a fresh notification, which has been challenged in the present OA. Therefore, in view of this court, the present OA is not tenable. The averments regarding the fresh notification may be added in the previous OAs and the claim may be raised by way of an amendment in the previous OA. Therefore, this OA is not tenable, hence dismissed with the liberty to file the appropriate amendment application for challenging the notification in the previous OAs. The OA No.501 of 2022 has been filed by another person named Himanshu Mishra, therefore that record is not relevant to decide the controversy involved in this case. The second OA 497/2022 has been filed by the same applicant Gaurav Singh Yadav, who filed present OA No.617/2022.