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High Court of DelhiW.P.(C)/2405/2019

Vishnu Kumar v. Union Of India And ORS.

2019-10-14Hon'Ble Mr. Justice G.S.Sistani,Hon'Ble Mr. Justice Anup Jairam Bhambhani4 pages

$~28, 30, 32, 2, 3, 5 to 7 * IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 2405/2019 VISHNU KUMAR Mr.Shankar Divate, Adv.

Mr.Rajesh Kumar & Ms.Santvana Agarwal, Advs.

W.P.(C) 2422/2019 POORNIMA JAYACHANDRAN Mr.Shankar Divate, Adv.

Mr.Rajesh Kumar & Ms.Santvana Agarwal, Advs.

W.P.(C) 2431/2019 SMT. SONIA RANI Mr.Shankar Divate, Adv.

Mr.Rajesh Kumar & Ms.Santvana Agarwal, Advs.

W.P.(C) 2291/2019 SHRI SANDEEP KUMAR AND ORS.

..... Petitioners Mr.Manjeet Singh, Adv.

Ms.Mrinalini Sen Gupta, Adv.

W.P.(C) 2292/2019 DEEPAK ARORA Mr.Manjeet Singh, Adv.

Mr.Ripu Daman Bhardwaj, CGSC with Mr.T.P. Singh, Adv.

W.P.(C) 2297/2019 SHRI RAKESH Mr.Manjeet Singh, Adv.

Ms.Mrinalini Sen Gupta, Adv.

W.P.(C) 2298/2019 SHRI NARENDER KUMAR-II Mr.Manjeet Singh, Adv.

Ms.Mrinalini Sen Gupta, Adv.

W.P.(C) 2302/2019 HIMANSHU SHARMA Mr.Manjeet Singh, Adv.

Ms.Mrinalini Sen Gupta, Adv.

CORAM:

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

O R D E R

% 11.03.2019 C.M. Nos.11213-214/2019 in W.P.(C) No.2405/2019 C.M. Nos.11299-300/2019 in W.P.(C) No.2422/2019 C.M. Nos.11316-317/2019 in W.P.(C) No.2431/2019 C.M. Nos.10676-677/2019 in W.P.(C) No.2291/2019 C.M. Nos.10679-680/2019 in W.P.(C) No.2292/2019 C.M. Nos.10699-700/2019 in W.P.(C) No.2297/2019 C.M. Nos.10702-703/2019 in W.P.(C) No.2298/2019 C.M. Nos.10728-729/2019 in W.P.(C) No.2302/2019 Exemption allowed subject to all just exceptions. W.P.(C) No.2405/2019 & C.M. No.11212/2019 W.P.(C) No.2422/2019 & C.M. No.11298/2019 W.P.(C) No.2431/2019 & C.M. No.11315/2019 W.P.(C) No.2291/2019 & C.M. No.10675/2019 W.P.(C) No.2292/2019 & C.M. No.10678/2019 W.P.(C) No.2297/2019 & C.M. No.10698/2019 W.P.(C) No.2298/2019 & C.M. No.10701/2019 W.P.(C) No.2302/2019 & C.M. No.10727/2019 Issue notice. Learned counsel for the respondents accept notice on behalf of the respective respondents.

W.P.(C) 2129/2019 shall be treated as the lead matter. Counter affidavits be filed within six weeks. Rejoinder, if any, be filed within four weeks thereafter.

The impugned order was passed by the Tribunal on 21.02.2019. We are informed that during the pendency of the Original Application, the services of the petitioners were protected by the Central Administrative Tribunal. In case, after the passing of the impugned order by the Tribunal on 21.02.2019, the petitioners have been disengaged and they have not been permitted to work in their respective capacities, there shall be no interim protection since by an interim order we cannot direct reinstatement of the services of the petitioners. However, in case their services have been continued even after 21.02.2019 till today, their services may not be discontinued till further orders in the present petitions. We, however, make it clear that the petitioners shall not claim any equity on account of this order or derive any benefit of the service they render henceforth till the disposal of the writ petition. However, in case they continue to discharge the responsibilities and duties in terms of this order, they shall be entitled for the pay and allowances. List on 14.10.2019.

Dasti under the signatures of the Court Master. VIPIN SANGHI, J REKHA PALLI, J MARCH 11, 2019/gm