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Kamlesh Kumar (Government Official)     11 August 2024

Effective date of implementation of CAT order after the High Court has dismissed the Writ

In a judgement, CAT quashed a seniority list and ordered its revision. However the further promotions granted till the date of judgement on the basis of the impugned seniority list were protected.

On WP, the High Court initially stayed the order but finally dismissing the WP vacated the stay.

In the meantime further promotions were also affected on the basis of existing statutory rules which were adjudicated by the CAT.

The question now is whether promotions granted between the CAT judgement and High Court judgement will also be protected? Or the promotions granted only till CAT judgement are protected.


Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     11 August 2024

The impugned order has to be perused to render proper opinion.

The orders of CAT will be binding to the cases decided by it as on the date of its orders and not beyond that.

Kamlesh Kumar (Government Official)     12 August 2024

Thanks, we expect respected seniors to also comment.

Sudhir Kumar, Advocate (Advocate)     13 August 2024

no concrete view can be formed without reading CAT order

Kamlesh Kumar (Government Official)     17 August 2024

may like to see the judgment at the given link please
https://indiankanoon.org/doc/184891469/#

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