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2006 DIGILAW 957 (DEL)

UOI v. PURUSHOTTAM DASS

2006-05-23

MUKUL MUDGAL, P.K.BHASIN

body2006
MUKUL MUDGAL, J. ( 1 ) RULE DB. With the consent of the parties the matter is taken up for final hearing. ( 2 ) THIS writ petition challenges the order dated 5th May, 2003 passed in oa No. 1158/2002. Insofar as the respondent s case is concerned it was noted by the Tribunal as follows:"it has been brought to our notice that the controversy in this O. A. Pertains to persons at Sr. No. 308 of the seniority list and below that. The applicant is at Sl. No. 216 and therefore the earlier decision dated 26-2-2003 referred to above in no way can be said to be affecting the rights of the applicant. Accordingly we dispose of the present application with directions that a regular DPC meeting to fill up the vacant post of Junior Administrative grade for the year 2001-2002 be held in accordance with law. It is directed that the necessary action in this regard be taken within 6 months from the date of receipt of this order. " ( 3 ) SINCE there was no dispute about the seniority of the respondent the petitioner had taken steps to implement the aforesaid directions of the tribunal. Mr. Bansal appearing on behalf of the UOI states that the petitioner uoi has already taken action and approached the UPSC for the purposes of convening a DPC for the promotion of the respondent. This was done pursuant to the directions dated 24th October, 2005 in WP (C) No. 598/2004 Since the direction qua the respondent is not a matter of controversy no interference is called for. ( 4 ) THE learned counsel for the respondent states that no contempt in respect of OA No. 1158/2002 is pending in the Tribunal. The writ petition is accordingly dismissed and stands disposed of. .