All India Institute Of Medical Sciences v. Ms Veeena Gaba

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 897/2024 ALL INDIA INSTITUTE OF MEDICAL SCIENCES..... Petitioner Through:

Mr.

V.S.R.

Krishna and Mr.

V.

Shashank Kumar, Advs.

versus MS VEEENA GABA ..... Respondent Through:

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 22.01.2024 CM APPL. 3750/2024 -Ex.

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 897/2024 & CM APPL. 3749/2024 -Stay

3. The present writ petition under Article 226/227 of the Constitution of India seeks to assail the order dated 27.09.2023 passed by the learned Central Administrative Tribunal (Tribunal) in O.A. No. 1152/2023.

4. Vide the impugned interim order dated 27.09.2023, the learned Tribunal, while issuing notice in the O.A., preferred by the respondent challenging the order dated 17.04.2023, vide which she was reverted from the post of Assistant Accounts Officer to the post of Junior Accounts Officer, has inter alia stayed the operation of the reversion order.

5. After some arguments, learned counsel for the petitioner submits that instead of pressing the present petition, the petitioners will approach The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/06/2024 at 14:46:23

the learned Tribunal for expeditious disposal of the O.A for which purpose the counter affidavit will be filed within one week. He however prays that the learned Tribunal be directed to decide the O.A. expeditiously.

6. Taking into account the nature of the impugned order, we are inclined to accept the petitioner's request for expeditious disposal of the O.A. Accordingly, while dismissing the petition as not pressed, it is directed that subject to the petitioner filing the reply to the O.A. within one week from today, the learned Tribunal will after granting three weeks time to the respondent/applicant to file her rejoinder, endeavour to decide the O.A. on or before 31.03.2024.

7. This order is being passed taking into account the petitioner's grievance, that as a consequence of the interim stay granted by the learned Tribunal, the rights of other employees who were to be promoted to the post of Assistant Accounts Officer is also being affected.

8. It is, however, made clear that this Court has not expressed any opinion on the merits of the petitioner's claim and therefore, it will be open for the learned Tribunal to decide the O.A. on its own merits. REKHA PALLI, J RAJNISH BHATNAGAR, J JANUARY 22, 2024 acm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/06/2024 at 14:46:23