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High Court of DelhiW.P.(C)/2448/2019

Dr. A.K. Bhardwaj v. The Secretary, Government Of India & ORS

2019-03-12Hon'Ble Mr. Justice Vipin Sanghi,Hon'Ble Ms. Justice Rekha Palli2 pages

$~ 21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2448/2019 DR. A.K. BHARDWAJ ..... Petitioner Through:

Mr.Manoj Joshi and Mr.Lakshya Juneja, Advocates for the petitioner versus THE SECRETARY, GOVERNMENT OF INDIA & ORS ..... Respondent Through:

Mr.Rajesh Kumar, Advocate

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 12.03.2019 CM APPL. 11417/2019 Allowed subject to all just exceptions.

Application stands disposed of.

W.P.(C) 2448/2019 Petitioner has assailed the order dated 19.7.2017 passed by the Central Administrative Tribunal in CP No.286/2016 in O.A. No.2592/2008. The Tribunal has disposed of the said contempt petition preferred by the petitioner on the ground that the respondent has complied with the directions issued in the aforesaid Original Application on 1.5.2012.

The submission of counsel for the petitioner is that the dates on

which he was granted notional promotion with retrospective effect are incorrect. He has sought to advance submission that he should have been granted promotions to the post of Chief Medical Officer, Chief Medical Officer (NFSG), and SAG on earlier dates than the dates on which they were granted. He further submits that the petitioner has also not been granted HAG when due.

In our view, all these aspects should be raised by the petitioner in a fresh Original Application, since that would enable the Tribunal to examine the claim of the petitioner in the light of the response that the respondent may offer. We, accordingly dispose of the petition, with the aforesaid liberty.

VIPIN SANGHI, J REKHA PALLI, J MARCH 12, 2019 ssn