KAVYA B vs EMPLOYEES STATE INSURANCE CORPORATION (ESIC)

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OA.No.170/00523/2022/CAT/BANGALORE



CENTRAL ADMINISTRATIVE TRIBUNAL

BANGALORE BENCH, BENGALURU


ORIGINAL APPLICATION NO.170/00523/2022


ORDER RESERVED ON 24.09.2026

DATE OF ORDER: 26.10.2026


CORAM:

HON’BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)

HON’BLE DR. SANJIV KUMAR, MEMBER (A)


1. Mrs. Kavya B
D/o Basavaraju
Aged about 29 years
st
No. 125, 1 Floor
4th Cross, Indira Nagar
Kurubarahalli, Bengaluru 560 086

2. Mrs. Mamatha N
D/o Nagaraja C
Aged about 42 years
#27/4, 9th Main Road,
Opp. KEB Power house
Shivanagar, Rajajinagar (North)
Bengaluru 560 010

3. Mr. Balaji P S
S/o Shivareddy K
Aged about 23 years
R/at, General Hospital Nursing Quarters
Devanahalli
Bengaluru Rural
Bengaluru 562 110

4. Mr. Darshan P
S/o Padavapathi Nayak
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CAT, Bangalore
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Aged about 24 years
R/at 5th Cross, MMK Tower
Near Maruthi Theater
Rajagopala Nagar
Bengaluru 560 058

5. Mr. Sanju J
S/o Jayaraj S
Aged about 24 years
R/at 5th Cross, MMK Tower
Ramaiah Badavane
Rajagopal nagar
Kavya Medical Opp. Road
Peenya 2nd Stage
Bengaluru 560 091

6. Mr. Syed Ibrahim
S/o Syed Jaffer Sab
Aged about 30 years
No. 859, 2nd Main
Nanjundeshwara Nagara
Nandi Layout
Bengaluru 560 096 .... Applicants

(By Smt. M.V. Thanuja, Advocate)


Vs.


1. The Union of India
Represented by Under Secretary
Department of Labour
Shrama Shakthi Bhavan
Rafi Marg
New Delhi 110 001

2. Ministry of Personnel,
Public Grievances and Pensions
Department of Personnel and Training
Government of India
North Block, New Delhi 110 001
Represented by its Secretary

KAVYA SHREE K
CAT, Bangalore
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3. Employees State Insurance Corporation
Head Quarters Office
Panch Deep Bhavan
CIG Marg, New Delhi 110 002
Rep. by its Director General

4. The Regional Director ESIC
Regional Office
No. 10, Binny Fields
Binnypet
Ranganatha Colony
Bengaluru 560 023

5. Prakash Shetty
S/o Bhujanga Shetty
Aged about 46 years

6. Vittal H
S/o H. Narayan Sherugar
Aged about 48 years

7. Mahesh N
S/o M Nagaraj
Aged about 42 years

8. Smt. Shashikala N C
W/o Chandra Shekar
Aged about 38 years

9. Madhu Seetaram Naik
S/o Seetaram
Aged about 37 years

10. Neelamma M
W/o Nagaraja
Aged about 34 years

11. Ranjana Durgappa Mane
W/o Durgappa B Mane
Aged about 45 years

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CAT, Bangalore
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12. Babu Balu Uppar
S/o Balu Bhimu Uppar
Aged about 39 years

ESIC Model Hospital
Rajajinagar, Bengaluru 560 010

13. Raveendra R Naik
S/o not known
Aged about 35 years
ESIC Medical College
and Hospital, Gulbarga

14. Revathy R
W/o not known
Aged about 43 years

15. Saroja C
W/o not known
Aged about 39 years

16. Pralahad S Gani
S/o not known
Aged about 47 years

17. Narayanappa K T
S/o not known
Aged about 47 years

18. Narayana B T
S/o not known
Aged about 41 years

ESIC Medical College & Hospital,
Rajajinagar, Bengaluru 560 009
…Respondents

(By Shri N. Amaresh, Senior Panel Counsel for Respondent Nos. 1
to 4, Shri B.S. Venkatesh Kumar, Advocate for Respondent Nos. 5
to 12, 16 & 18.
Respondent Nos. 13 to 15 & 17 ex-parte)
KAVYA SHREE K
CAT, Bangalore
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O R D E R

PER: JUSTICE S. SUJATHA, MEMBER (J)


This application is filed by the applicants under Section
19 of the Administrative Tribunals Act, 1985 seeking the following
reliefs:
“(i) Issue writ of mandamus or any other appropriate
order or direction to respondents to implement modified
the recruitment rules published the Gazette of India,
dated 08/01/2022 by Respondent No. 1 (Annexure A9)

(ii) Issue writ of certiorari or any other appropriate
order or direction to quash the office memorandum
dated 02/12/2022 bearing No. Z-17012/4/2021 MED-VI
(3) (Annexure A12) issued by the Respondent No. 4.

(iii) Issue writ of mandamus directing the respondents
to consider the educational qualifications of the
applicants for the post of Junior Medical Laboratory
Technologist.

(iv) Issue writ of certiorari or any other appropriate
order or direction to quash the office order No. 62 (MA)
of 2022 dated 23/12/2022 (Annexure-A21) issued by the
th
4 respondent.”


2. Facts in brief are that the applicants are graduates in
Diploma course/Bachelor degree in Medical Laboratory
Technology (MLT) from the recognized college of Government of
Karnataka. After successful completion of MLT course, they have
been appointed as Laboratory Technicians in respondent
organisation on contract basis in the various departments of ESI
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CAT, Bangalore
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Corporation. It is the contention of the applicants that albeit the
requirement for direct recruitment to the post of Laboratory
Assistant mandated educational qualification of a technical nature
i.e., requirement of a Diploma in MLT, the earlier recruitment rules
provided a promotional avenue to the post of Laboratory Assistants
from the cadre of Nursing Orderly/Stretcher Bearer/Attendant. No
professional qualification was mandated for the promotional quota.
A private person named Shri Dilip Kumar R., aggrieved by the
Notification dated 08.06.2018 issued by the official respondents for
holding Departmental Promotion Committee (DPC) for filling up
the post of Laboratory Assistant by promotion challenged the same
in OA No. 1692/2018 before this Tribunal. The said OA was
allowed vide order dated 21.06.2019 directing the official
respondents to take final decision in respect of the proposed
amendment in the Recruitment Rules. In the Writ Petition No.
3343/2020 proceedings before the Hon'ble High Court of Karnataka
filed by the official respondents against the said order, Hon'ble
High Court modified the order dated 21.06.2019 and permitted the
official respondents to fill up the post which is available, by
holding a DPC vide its order dated 30.07.2021. However, the
official respondents were directed to take prime decision in respect
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CAT, Bangalore
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of amendment to the Recruitment Rules. Pursuant to the said order
and the judgment passed by the other judicial forums, the Ministry
of Labour and Employment, Employees’ State Insurance
Corporation (ESIC) modified the Recruitment Rules and published
the same in the Gazette of India dated 08.01.2022. In the
meanwhile, vide order dated 01.12.2021 vide Office Order No. 97
th
(MA) of 2021, 4 respondent has ordered the promotion from the
cadre of Nursing Orderly to the cadre of Laboratory Assistant on
the recommendations of the DPC meeting to the respective
hospitals and subsequently, as per the direction of the Regional
Director, said order was kept in abeyance to the extent of promotion
till further orders. It is the grievance of the applicants that though
Recruitment Rules were modified as per the Gazette Notification
dated 08.01.2022, the official respondents recruited the vacant
post(s) by promoting the non-technical staff to Laboratory Assistant
ignoring the applicants who were working as Laboratory Assistants
(Outsourced) employees on contractual basis in ESI hospitals
having required qualification. Hence, this OA.

3. Learned counsel Smt. M.V. Thanuja representing the
applicants submitted that the Ministry of Labour and Employment
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CAT, Bangalore
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(ESIC) modified the Recruitment Rules and published the same in
the Gazette of India dated 08.01.2022. Since the post of Laboratory
Assistants is a technical post of scientific nature, the recruitment of
candidates from non-technical cadre of Nursing Orderly/Stretcher
Bearer and Attendant by way of promotion to the post of
Laboratory Assistants is completely illogical and life threatening to
the patients. The recruitment drive initiated by the official
respondents through DPC even after modification of Recruitment
Rules is in violation of the said Rules. The applicants are working
as Laboratory Assistants on contractual basis having required
qualification. Hence, the applicants’ case requires to be considered
for the post of Junior Medical Laboratory Technologists rather than
promoting the Nursing Orderly staff through DPC. Learned counsel
has placed reliance on the judgment of the Hon'ble Apex Court in
Civil Appeal No. 9746/2011 DD: 20.05.2022 ( State of Himachal
Pradesh and Ors. vs. Raj Kumar and Ors. ) to contend that the
legal principles in Y.V. Rangaiah vs. J. Sreenivasa Rao reported
in (1983) 3 SCC 284 that " the vacancies which occurred prior to
the amended rules would be governed by the old rules and not by
the amended rules " has been overruled. As such, the rights and
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CAT, Bangalore
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obligations of persons serving the Union and the States are to be
sourced from the rules governing the services.

4. Learned counsel Shri N. Amaresh representing
Respondents 1 to 4 submits that the Respondent No. 3 issued
OM dated 02.12.2022 to conduct DPC for promotion to the
post of Laboratory Assistant at the level of the respective
Appointing Authorities as per the Recruitment Regulations for
the post of Laboratory Assistant published vide Government
of India Gazette dated 21.05.2011 in respect of vacancies that arose
upto 07.01.2022 i.e., prior to the notification of the revised
Recruitment Regulations as per the Government of India Gazette
dated 08.01.2022. It is submitted that instructions were given in the
said OM that the promotion orders or compliance of promotion
orders already issued against any DPC for promotion to the post of
Laboratory Assistant, already held in pursuance to the said OM
dated 23.11.2021, but withheld as per directions of Headquarters
Memo dated 24.12.2021, may also be issued/done. The gazette
published dated 25.01.2011, clearly mentions that the method of
recruitment for the post of Laboratory Assistant is 50% by direct
recruitment and 50% by promotion, failing which by direct
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CAT, Bangalore
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recruitment. Promotion to the post of Laboratory Assistant from
Nursing Orderly/Stretcher Bearer/Attendant with six years service
for Matriculate and eight years regular service for Non-
matriculates. Hence, as per the Gazette dated 21.05.2011,
Respondent No. 3 issued Office Memorandum dated 02.12.2022
regarding conducting of DPC for promotion to the post of
Laboratory Assistant at the level of the respective Appointing
Authorities as per the Recruitment Regulations. Inviting the
attention of the Bench to the order passed by this Tribunal-Cuttack
Bench in OA No. 102/2025 dated 27.02.2025 ( Puspak Nayak and
Anr. vs. Union of India and Ors. ), learned counsel submitted that
the applicants are not aggrieved persons to invoke the jurisdiction
of this Tribunal under Section 19 of the Administrative Tribunals
Act. The applicants are outsiders and have no vested right to
challenge the action initiated by the respondents to hold DPC for
the post of Laboratory Assistant as a one-time measure, which is a
policy decision. Learned counsel submitted that applications were
invited from the eligible candidates for recruitment of 13 posts of
Junior Medical Laboratory Technologists (JMLT) vide Notification
dated 29.09.2023 (Annexure R15), wherein the closing date of
online application was 30.10.2023. Similarly, yet another
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recruitment Notification dated 07.01.2025 was issued mentioning
the closing date as 31.01.2025. But for the reasons best known to
the applicants, they have not participated in the said recruitment
proceedings. The Respondent No. 4 vide OM No. 60 (MA) of 2022
dated 15/16.12.2022 has ordered to revoke the abeyance order
issued vide Office Order dated 27.12.2021.

5. Placing reliance on the order of the Hon'ble High Court
of Karnataka in Writ Petition No. 3343/2020 dated 30.07.2021,
learned counsel submitted that the Hon'ble Court has held that the
respondents herein shall be free to fill up the post which is available
by way of holding a DPC meeting thereby promoting a
departmental candidate and Respondent No. 1 therein Shri Dilip
Kumar R. who was totally a stranger to the department shall be free
to try his luck in case any advertisement is issued pursuant to the
amendment in the Recruitment Rules. As such, the applicants not
having participated in the advertisement issued pursuant to the
amendment in the Recruitment Rules have no locus standi to file
this OA. Accordingly, seeks for dismissal of the OA.

KAVYA SHREE K
CAT, Bangalore
2026.10.27 16:46:33+05'30'

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6. Learned counsel Shri B.S. Venkatesh Kumar
representing the Private Respondent Nos. 5 to 12, 16 & 18 submits
that these respondents were promoted by office order dated
23.12.2022 after the DPC was held on 21.12.2022 in respect of
vacancy year 2021 upto 07.01.2022. The revised Recruitment Rules
came into effect from 08.01.2022. Immediately after receipt of
promotion order many of these respondents got themselves relieved
and reported to the respective place of posting. Unfortunately the
Rajajinagar Hospital has issued Office Memorandum dated
28.12.2022 intimating that the Competent Authority has directed
that the place of posting order issued in pursuance of Office Order
No. 876/2022 and the Corrigendum dated 27.12.2022 be kept in
abeyance due to administrative exigencies. By Office Memorandum
dated 23.01.2023, their promotion came to be kept in abeyance. The
applicants have no locus standi to prefer the OA. Thus, adopting the
arguments advanced by the learned counsel for the official
respondents, learned counsel seeks for dismissal of the OA.

7. We have carefully considered the submissions of the
learned counsel for the parties and perused the material on record.
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CAT, Bangalore
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8. As per the Recruitment Regulations gazetted on
21.05.2011, the method of recruitment for the post of Laboratory
Assistant is 50% by Direct Recruitment and 50% by promotion,
failing which by Direct Recruitment. Promotion to the post of
Laboratory Assistant from Nursing Orderly/Stretcher
Bearer/Attendant with six years regular service for matriculate and
eight years regular service for non-matriculate. Respondent No. 3
issued Office Memorandum dated 02.12.2022 regarding conducting
of DPC for promotion to the post of Laboratory Assistant.
Employees’ State Insurance Corporation, Junior Medical
Laboratory Technologist (Group ‘C’ Post) Recruitment
Regulations, 2022 has been notified/published in the Gazette of
India on 08.01.2022. In terms of the said amended regulations,
which comes into force on the date of their publication in the
official gazette, method of recruitment is by Direct Recruitment. It
is based on the said amended Recruitment Regulations, 2022 the
applicants are challenging the action of the official respondents in
holding DPC for the post of Laboratory Assistant. It is not in
dispute that the applicants were working as Laboratory Assistants
on contract basis and now terminated are claiming to consider their
candidature for the posts of Junior Medical Laboratory
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CAT, Bangalore
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Technologist inter alia challenging the selection of the private
respondents through DPC.

9. At the outset, the locus standi of the applicants
questioned by the respondents requires to be addressed. Identical
issue had come up before the Cuttack Bench of this Tribunal in OA
No. 102/2025, supra. The same Office Memorandum dated
02.12.2022 (Annexure 12) impugned herein was challenged before
the Cuttack Bench. In paras 8 and 9, Cuttack Bench has observed
thus:
“8. It may be noted that the applicants have sought to quash the
Office Memorandum Z-17012/4/2021-MED-VI-Part(3) dated
02.12.2022 wherein the respondents department directed for
filling up of the posts of Lab. Assistant as per the Recruitment
Regulation published vide Gazette dated 21.05.2011 in respect
of the vacancies arising upto 07.01.2022, i.e. prior to revised
regulations came into effect, in compliance of the order of the
CAT, PB, New Delhi dated 04.08.2022 in OA 2865/2021. In
such a situation, as per the law, the applicants in OA No.
2865/2021 should be made as parties in this OA but they have
not been made opposite parties. Thus, this OA suffers from non-
joinder and mis-joinder of necessary/proper parties.

9. The respondents' department seek to fill up the post by way of
promotion. The applicants being the outsiders/not the
employees of the respondents department, obviously, have no
locus standi to question the notification for effecting promotion.
Hence, the grievance of the applicants falls flat for the above
reasons.”

KAVYA SHREE K
CAT, Bangalore
2026.10.27 16:46:33+05'30'

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10. Referring to Section 19 of the Administrative Tribunals,
Act, it is observed thus:

“11. Apart from the above, Section 14 of the Act provides that
the Central Administrative Tribunal shall exercise all the
jurisdiction, powers and authority exercisable by all courts
except the Supreme Court immediately before the appointed
day in relation to matters set out in the section. Sections 19 to
27 of the Act deal with the procedure. Section 19 strikes the
key-note. Sub-sections (1) and (4) of section 19 are in the
following terms:

S.19 (1) Subject to other provisions of this Act, a person
aggrieved by any order pertaining to any matter within
the jurisdiction of a Tribunal may make an application to
the Tribunal for the redressal of his grievance.

(a) by the Government or a local or other authority
within the territory of India or under the control of the
Govt. of India or by any corporation (or society) owned
or controlled by the Government; or

(b) by an officer, committee or other body or agency of
the Government or a local or other authority or
corporation (or society) referred to in clause (a).

12. In the instant case, admittedly, the applicants are not the
employees working under the department nor are they the
aspirant candidates for selection/appointment in pursuance of
any such advertisement issued by the respondents department.
Thus, it can safely be concluded that they are the strangers
insofar as the decision taken providing the mode of selection.
Further, it appears that the mode of selection has been decided
by the authority concerned in pursuance of the decision of the
CAT, PB, New Delhi order dated 04.08.2022 in OA 2865/2021.
In the above circumstances, it cannot be said that the
applicants are the aggrieved persons to maintain this OA.
Rather, it clearly establishes that this OA has been filed by the
applicant in the garb of PIL as to why the authority concerned
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CAT, Bangalore
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decided to fill up the vacancies by way of promotion instead of
direct recruitment.”

Further, referring to the various judgments it has been held that the
applicants therein have no locus standi to file the OA before the
Tribunal in the garb of Public Interest Litigation.

11. No vested right is created on the applicants merely for
the reason that they were working as Laboratory Assistants on
contract basis in ESIC to get appointed as Junior Medical
Laboratory Technologists. In service jurisprudence, it is settled law
that it is for aggrieved person to assail the legality of the offending
action. Third party has no locus standi to canvas the legality or
correctness of the action. The applicants have no locus standi to
challenge the OM dated 02.12.2022 which is said to have been
issued in compliance of the order dated 04.08.2022 passed by this
Tribunal, Principal Bench to conduct DPC for promotion to the post
of Laboratory Assistant at the level of the respective Appointing
Authorities as per the Recruitment Regulations of the post of
Laboratory Assistant published vide Gazette dated 21.05.2011 in
respect of vacancies arose upto 07.01.2022 i.e., prior to the date of
notification of the revised Recruitment Regulations dated
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CAT, Bangalore
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08.01.2022. In OA No. 2865/2021 dated 04.08.2022 before the
Principal Bench of this Tribunal, liberty is reserved to the
applicants therein to avail the remedies, if any, against
Recruitment/Regulations-2022, if so advised, in accordance with
law as the applicants therein have not pressed the reliefs inasmuch
as the appointments/recruitments made for Medical Laboratory
Staff through DPC pursuant to the order dated 23.11.2021 in view
of the Notification dated 03.01.2022 i.e., Recruitment Regulations
gazetted on 08.01.2022. In the amended Recruitment Regulations
for the post of “Laboratory Assistant” change in nomenclature is
found as "Junior Medical Laboratory Technologist" as could be
seen from the letter dated 15.06.2022 issued by the Assistant
Director (MA) (Annexure A23). Office Order 62 (MA) of 2022
dated 23.12.2022 deals with the promotion of the officials
mentioned therein from the cadre of Nursing Orderly to the cadre of
Laboratory Assistant on regular basis for the vacancy year 2021
upto 07.01.2022 on the recommendation of the DPC meeting held
on 21.12.2022 and posting them to the Hospital/Medical College
shown against their names. But we having already held that the
applicants have no locus standi to challenge the impugned orders,
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the OA partakes the character of Public Interest Litigation which is
not maintainable under the service jurisprudence.

12. There is no cavil on the legal proposition that the
statement in Y.V. Rangaiah , supra, that " the vacancies which
occurred prior to the amended rules would be governed by the old
rules and not by the amended rules " does not reflect the correct
proposition of law governing services under the union and the
states as held by the Hon'ble Apex Court in Raj Kumar and Ors .,
supra, overruling Y.V. Rangaiah , supra.

13. In the present case, the policy decision relies on older
rules to fill backlog vacancies as a one-time relaxation/transitional
measure benefitting regular in-service candidates thereby,
contractual tenure of the contractual employees does not
automatically translate into public cadre rights.

13A. The applicants have not accrued any right in the post of
Laboratory Assistant merely working on contract basis and on their
removal from service on contract basis certainly they become
strangers to the department. Even otherwise, there being no
employee and employer relationship between the applicants and the
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CAT, Bangalore
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respondents, as a one-time measure, based on the policy decision, if
the private respondents are promoted as Laboratory
Assistants/JMLTs, their efficiency cannot be questioned by the
applicants in the garb of their termination from service.

14. It is significant to note that the applicants have not
participated in the recruitment proceedings pursuant to the
advertisement issued after amending the Recruitment Rules. It is
observed by the Hon’ble High Court in Writ Petition No.
3343/2020, supra, that the Respondent No. 1 therein/original
petitioner who is totally a stranger to the department is free to try
his luck in case any advertisement is issued pursuant to the
amendment in the Recruitment Rules. No such an attempt has been
made by the applicants herein to participate in the recruitment
process advertised on 29.09.2023 and 07.01.2025 pursuant to the
amended Recruitment Rules, 2022 published in the Gazette of
India, dated 08.01.2022.

15. Unless the applicants participate through recruitment
mode provided in the Recruitment Regulations, issuing a direction
to the respondents to consider the educational qualification of the
applicants for the post of JMLT does not arise.
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CAT, Bangalore
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16. For the reasons aforesaid, OA lacks merit, and
accordingly, stands dismissed.
No order as to costs.

Sd/- Sd/-

( DR. SANJIV KUMAR ) ( JUSTICE S. SUJATHA )
MEMBER (A) MEMBER (J)


/ksk/
KAVYA SHREE K
CAT, Bangalore
2026.10.27 16:46:33+05'30'