Narender Paul & ORS. v. Union Of India & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3659/2024, CM APPL. 70888/2024 NARENDER PAUL & ORS.

.....Petitioners Through:

Mr. Ritwik Parikh, Ms. Heena Khatun and Mr. Rajat K. Mittal, Advs.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Hussain Taqvi, SPC with Ms. Kumail Fatima, Ms. Soumya Saxena, Mr. Sahil and Ms. Nazma, Advs. for UOI

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT(ORAL) % 22.04.2026 C. HARI SHANKAR, J.

1.

This writ petition assails the following order dated 29 January 2024 passed by the Central Administrative Tribunal1 in CP No. 663/2023:

"Learned counsel for the respondents submits that the directions of the Tribunal in the associated OA have been complied with. He places before us an affidavit of compliance in this effect which makes a categorical submission that necessary orders of promotion of eligible persons have been passed by the competent authority. Copy of the orders is annexed to the said affidavit. Learned counsel for the petitioners strongly contests the averments made in the affidavit of compliance and submits that the respondents have passed a mechanical order in a number of Contempt Petitions and the order so passed does not indicate how the claim of the applicants/petitioners was considered/decided. 1 "the Tribunal", hereinafter

While taking note of the submissions made by the learned counsel for the petitioners, we are of the view that in terms of the specific directions passed by us in the associated OA, the same has been substantially complied with and nothing sustains in the present Contempt Petition. However, while closing the same, we offer liberty to the petitioners to seek recourse to an appropriate remedy, in accordance with law, should any grievance still subsist. 3.

Notices are discharged. Associated MAs, if any, stand disposed of."

Inasmuch as the contempt petition alleged contumacious and willful disobedience of the directions contained in judgment dated 21 March 2023 passed in OA 2590/2016 and connected cases, it is necessary to reproduce the operative directions in the said decision thus:

"14.

In view of the narration above, we are of the considered view that the issue is no more res integra. We, hereby direct that the result of the applicants kept in sealed cover shall be opened, if not already opened. The cases of those who are found to be successful in the selection process and are otherwise qualified shall be re-examined by the respondents taking into consideration their footplate experience of 75,000 kms. We are informed that, as on date, the applicants who had not completed the required 75,000 kms footplate experience, have also now completed the said requirement, hence, they shall also be considered on their being found successful in the selection to the post of Loco Inspector in the Pay Band II plus Grade Pay of Rs. 4200/- on the day of completion of footplate experience of 75,000 kms.

Those applicants who are not successful in the selection process, permitted in terms of the interim order granted by this Tribunal, shall not be considered for their eligibility. The above exercise shall be completed within a period of three months from the date of receipt of a copy of this order."

3.

The petitioners moved the Tribunal by way of CP No. 663/2023 alleging non-compliance with the above direction. The Tribunal has disposed of the contempt petition stating that, in view of the orders passed by the respondents in the interregnum, substantial compliance

with the Tribunal's directions had taken place. 4.

The only order which the respondents placed on record, by way of compliance with the Tribunal order, is a notice dated 4 January 2023 issued by the Northern Railway, which reads thus: "Subject:

Selection for the post of Chief Loco Inspector (CLI) in Mechanical Department in Pay Band-1 Rs.930034800+GP Rs.4600 (level-7) against 100% IPO Quota Ref:- CWP No 11412/2022, OA no 3195/2016, CP no 647/2023 in OA No. 2540/2010, CP No 663/2023 in OA No. 3710/2016, CP No 655/2023 in OA 4068/2016, ΟA Νο. 3494/2016, ΟΑ No. 3883/2016, OA No. 2769/2023, ΟA No. 2859/2023 This is in continuation to this office letter of even no dated 03.01.2024 the following employees are placed on the provisional panel of Chief Loco Inspectors (CLI) in GP ₹4600 are promoted as Chief Loco Inspector in GP ₹4600 with immediate effect subject to clearance of the D&AR/SPE/VIG/Confdl. Their posting station shown against each as Chief Loco Inspector in GP ₹4600. S.

No.

Name of Employee/ (Sh.) Father's Name (Sh.) Design /Stn.

Cat Posted at as CLI 1.

Praveen Kumar Khera T.C.

Kheda LPM/DLI (CC/DLI) UR DEE Ram Kishan Singh Brijesh Singh LPP/DLI UR DEE 3.

Balwant Singh Nand Lal LPM/DLI UR DEE 4.

Sunil Kumar Verma S.N.

Verma LPP/GZB UR SSB 5.

Anil Kumar Tej Bahadur Lal LPM/DLI (CC/DLI) UR SSB 6.

Hari Kishan Dutt Ram LPM/GZB UR SSB 7.

Hariom Kumar Sharma Bahadur Singh LPG/TKD UR TKD 8.

Baboo Khan Lallu Khan LPP/DLI UR TKD

9.

Ravi Kumar Attar Singh LPP/DLI SC ROK 10.

Arun Kumar Sinha R.N.

Sinha LPM/DLI (CC/DLI) UR ROK 11.

Pankaj Kumar Dixit Shanti Swaroop Sharma LPP/DLI UR JHI 12.

Dhoop Singh Meena Ram Kishan Meena LPP/DEE ST JHI 13.

Rajesh Kumar Srivastava R.S.L.

Srivastava LPP/GZB UR JHI 14.

Sanjeev Mohan R.P.

Mohan LPM/DLI UR JHI 15.

Satish Kumar Shukla Ram Shankar Shukla LPP/GZB UR PNP 16.

Dhiraj Kumar Sharma Ramesh Chand Sharma LPM/GZB (CC/GZB) UR PNP This has the approval of the competent authority. Their date of resumption may be advised to this office promptly. Sd/- Divisional Personnel Officer Northern Railway, New Delhi"

5.

We are of the opinion that, solely on the basis of the aforeextracted order dated 4 January 2024 the Tribunal could not have come to a finding that there was compliance with the directions contained in the order dated 21 March 2023 and that, therefore, no contempt had taken place. The notice dated 4 January 2024 does not indicate whether the petitioners have been considered after opening their sealed covers or whether they were not promoted because they were not found fit etc. At the very least, the Tribunal ought to have called for the file to satisfy itself that there was due consideration of the petitioners' case in accordance with the directions contained in the

order dated 21 March 2023.

6.

Accordingly, without expressing any view on the merits of CP 663/2023, we quash and set aside the order dated 29 January 2024 passed by the Tribunal and remand CP 663/2023 for consideration afresh by the Tribunal.

7.

We make it clear that it would be open to the respondents to place material before the Tribunal in order to satisfy the Tribunal that there was in fact compliance with the directions issued in the judgment dated 21 March 2023 passed by the Tribunal in OA 2590/2016 and it would be equally open to the petitioners to contend to the contrary. We do not, therefore, express any view on the merits of CP 663/2023.

8.

The writ petition is disposed of.

9.

Let the parties appear before the Tribunal on 8 May 2026. 10.

Learned Counsel undertakes that they would not seek an adjournment on that date.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J.

APRIL 22, 2026/aky