Sv Chak & ORS. v. Union Of India & ORS.

$~87 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6237/2021 & CM APPL. 34878/2022, CM APPL. 28549/2024 SV CHAK & ORS.

.....Petitioners Through:

Ms Aakanksha Kaul with Ms.

Ashima Chopra, Advs.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Ms. Nidhi Raman, CGSC with Mr. Akash Mishra and Mr. Arnav Mittal, Advs. for R-1 to 3 Mr. Shrutanjaya Bhardwaj, Ms Shubhanshi Phogat, Mr Yash Tayal, Ms Siddhi Nagwekar, Ms Anushka Singhal, Ms Yashi Bajpai, Advs. for R-29, 30,31, 35 and 42

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

O R D E R

% 20.05.2026 1.

This writ petition arises out of order dated 1 April 2021 passed by the Central Administrative Tribunal1 in OA 1212/2017. 2.

The petitioners were the applicants in the said OA. 3.

The petitioners, in the said OA, challenged their seniority vis-avis the private respondents before the Tribunal, as reflected in the seniority list dated 1 January 2015.

1 "the Tribunal" hereinafter The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

The Tribunal has noted the contentions of learned Counsel for both sides and, thereafter, without deciding the matter on merits, has merely granted liberty to the petitioners to file a representation to the respondents.

5.

The respondents have not challenged the aforesaid order passed by the Tribunal. The findings of the Tribunal have, therefore, attained finality.

6.

The petitioners' grievance is that the Tribunal ought to have decided the case on merits rather than relegating them to a representation.

7.

We find ourselves in agreement with learned Counsel for the petitioners.

8.

We see no reason why the Tribunal did not decide the matter on merits and relegated the petitioners to a representation. 9.

With the consent of learned Counsel for the parties, therefore, the impugned judgment, to the extent it merely relegated the petitioners to a representation, is quashed and set aside. 10.

OA 1212/2017 shall stand remanded to the Tribunal for adjudication on merits.

11.

In order to expedite the matters, both sides would appear before The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the Tribunal on 7 July 2026.

12.

To facilitate hearing by the Tribunal, learned Counsel for the parties are also directed to place on record short notes of their respective submissions not exceeding four pages each at least a week in advance.

13.

No adjournment would be sought by either side on the next date.

14.

We request the Tribunal to decide the matter as expeditiously as possible.

15.

The writ petition is disposed of in the aforesaid terms. 16.

All applications pending in this writ petition also stand disposed of.

17.

The interim order which has been operating would stand in force pending disposal of the OA by the Tribunal. C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J.

MAY 20, 2026/dsn The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.