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High Court of DelhiW.P.(C)/570/2017

Mukesh Choudhary And ORS v. UOI And ORS

2017-01-20Hon'Ble Mr. Justice Valmiki J. Mehta2 pages

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 570/2017 and C.M. Nos.2624/2017 (exemption), 2625/2017 (stay) & 2626/2017 (for maintainability) MUKESH CHOUDHARY AND ORS ..... Petitioners Through:

Mr. Vimal Dubey, Advocate with Mr.

Amarjeet Singh, Advocate.

versus UOI AND ORS ..... Respondents Through:

Ms. Suparna Srivastava, Advocate with Mr. Rahul Srivastava, Advocate for respondent Nos.1 and 2.

Mr. B.P. Gupta, Advocate for respondent No.3.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 20.01.2017 1.

Only because counsel for the petitioners is withdrawing the writ petition with liberty to approach the Central Administrative Tribunal (CAT) that I am not taking any further action although it is expected that counsels would know para 99 of the Constitution Bench judgment of the Supreme Court in the case of L. Chandra Kumar vs. Union of India & Ors. (1997) 3 SCC 261 which categorically states that it is only the CAT which is the Court of original jurisdiction and not this Court and consequently order W.P.(C) No.570/2017

dated 2.12.2016 was passed by this Court in W.P.(C) No.11364/2016 for Registry of this Court being entitled not to entertain petitions where issues are of service conditions of existing employees or prospective employees which are governed by CAT.

2.

Writ petition is allowed to be withdrawn with the aforesaid liberty.

VALMIKI J. MEHTA, J JANUARY 20, 2017 Ne W.P.(C) No.570/2017