Darakhshan Salman Mojiz v. Union Of India & ORS.
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1632/2025 DARAKHSHAN SALMAN MOJIZ .....Petitioner Through:
Mr. Neeraj Shekhar, Mrs. Kshama Sharma, Advocates.
versus UNION OF INDIA & ORS.
.....Respondents Through:
Mr. Jivesh Tiwari, SPC with Mr.
Gokul Sharma, Ms. Samiksha Mittal, Advocates for UoI.
Mr. Praveen Sarup, Mr. Sukhamrit Singh, Advocates for R-2 to 4.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 07.07.2025 1.
The petitioners are husband and wife. Petitioner No. 1 served as Senior Principal Scientist under the respondent No. 2 - Council of Scientific and Industrial Research until his voluntarily retirement in the year 2017. He made a representation for inclusion of the name of petitioner No. 1 as his wife in the service record. The grievance in this writ petition is that the respondents have not acted upon the said representation.
2.
At the very outset, learned counsel for the respondents submits that the grievances raised in the writ petition are susceptible to the jurisdiction of the Central Administrative Tribunal ["the Tribunal"]. In fact, it is the admitted position that petitioner No. 2, who is the retired employee of the W.P.(C) 1632/2025 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 10/07/2025 at 15:59:16
respondent, has approached the Tribunal for other service related disputes.
3.
The judgment of the Supreme Court in L. Chandra Kumar v. Union of India and Others [(1997) 3 SCC 261] and the judgments of this Court, including in Manish Kumar v. Union of India & Ors. [2025 SCC OnLine Del 1519] and Parikshit Grewal & Ors. v. Union of India & Anr. [2024 SCC OnLine Del 6939], make it clear that in cases which fall within the jurisdiction of the Tribunal, the litigant must approach the Tribunal at first instance, and only then invoke Article 226 of the Constitution thereafter.
4.
In these circumstances, the writ petition is dismissed, with liberty to the petitioners to take alternative remedies. PRATEEK JALAN, J JULY 7, 2025 'Bhupi'/AD/ W.P.(C) 1632/2025 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 10/07/2025 at 15:59:16