Raj Kumar Jain v. General Manager Delhi Milk Scheme

$~106 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3021/2019 RAJ KUMAR JAIN .....Petitioner Through:

Mr. Devi Krishan Sharma, Advocate.

versus GENERAL MANAGER DELHI MILK SCHEME .....Respondent Through:

Mr.

Rajesh Kumar, SPC with Mr.Rahul Kumar Sharma and Mr. Yash Narain, Advocates and Mr. Ajay Kumar, JAO, for Respondent.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 12.09.2024 1.

This writ petition has been filed by the Petitioner, who was working as a Store Clerk with the Delhi Milk Scheme, seeking compulsory retirement pension/gratuity under Rule 40 of CCS (Pension) Rules, 1972 w.e.f. 01.05.1985 with arrears and interest.

2.

Delhi Milk Scheme is an organization notified under Section 14 of the Administrative Tribunals Act, 1985 and the relief claimed falls under 'Service Matters' as defined under Section 3(q) of the said Act. Therefore, in view of the judgment of the Constitution Bench of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261, the remedy of the Petitioner lies before the Administrative Tribunal as the only Court of first instance. Ordinarily, this Court would have permitted the Petitioner to withdraw the present petition and file a fresh Original Application before the Tribunal, however, considering that the Petitioner W.P.(C) 3021/2019 Page 1 of 2 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 17/09/2024 at 11:02:22

had approached this Court in the year 2019, this petition is transferred to the Central Administrative Tribunal and will be listed before the learned Registrar on 07.10.2024 for further proceedings. 3.

Registry is directed to transmit the entire record of the writ petition to the Tribunal before the next date of hearing. 4.

Considering that the Petitioner is a Senior Citizen and had approached this Court in 2019, the learned Tribunal may consider disposing of the petition as expeditiously as possible. The objection raised by the Respondents to the maintainability of this petition on ground of delay is left open to be considered by the Tribunal.

5.

It is made clear that this Court has not expressed any opinion on the merits of the case.

JYOTI SINGH, J SEPTEMBER 12, 2024 B.S. Rohella/kks W.P.(C) 3021/2019 Page 2 of 2 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 17/09/2024 at 11:02:22