Tribunals and CommissionsDivision Bench(2022) 12 CAT CK 0020

Gaurav Singh Yadav And Others vs Union Of India And Others

Central Administrative Tribunal · Decided on 14 December 2022

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

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Judgment

6 paragraphs · 204 words

B.K. Shrivastava, Member J

1.

Shri S.M. Abbas Naqvi, counsel for the applicant.

Shri Chakrapani Vatsyayan, counsel for the respondents.

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.