Union Of India And ANR v. Fatima Jannat And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5410/2024 UNION OF INDIA AND ANR ..... Petitioner Through:

Ms.Nidhi Raman, CGSC with Mr.Debarchan De, Adv.

Versus

FATIMA JANNAT AND ORS ..... Respondent Through:

Mr.Sachin Chauhan, Adv.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN

O R D E R

% 16.04.2024 CM APPL. 22345/2024 -Ex.

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 5410/2024 & CM APPL. 22344/2024 -Stay.

3. The present petition under Article 226 of the Constitution of India seeks to assail the order dated 06.07.2022 passed by the learned Central Administrative Tribunal in M.A.1809/2022 in O.A.1553/2022.

4. Learned counsel for the petitioners submits that vide the impugned order, the learned Tribunal has directed the petitioners to continue with the services of the respondents through GeM or otherwise, so as to not replace them by any other contractual appointees. Being aggrieved by the said order, the petitioners had moved The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

M.A.1074/2023 seeking vacation of the interim stay, which application has not been decided by the Tribunal till date compelling the petitioners to approach this Court.

5. On the other hand, learned counsel for the respondents, who appears on advance notice submits, that pleadings in the O.A. itself are complete and, therefore, instead of M.A.1074/2023 being decided, the O.A. can be directed to be disposed of by the learned Tribunal in a time bound manner. By drawing our attention to the orders passed by the Tribunal, he submits that even the learned counsel appearing for the petitioners before the learned Tribunal has made no such request for early disposal of M.A.1074/2023. He, however, submits that he has no objection to this Court directing the Tribunal to decide the said O.A. or the M.A., as the case may be, in a time bound manner.

6. Having considered the submissions of learned counsel for the parties and perused the record, we are of the view that though no interference is required with the impugned order dated 06.07.2022, which is an interim order, the petitioners are justified in praying that at least their application M.A.1074/2023 seeking vacation of stay be taken up for consideration on an early date by the learned Tribunal.

7. We, therefore, dispose of the writ petition along with the pending application by directing the learned Tribunal to endeavour to decide the O.A. within a period of three months. In case, for any reason, the O.A. cannot be decided within the said period, the Tribunal will ensure that the petitioners' aforesaid M.A. is disposed of within the said time period of three months.

8. Needless to state, this Court has not expressed any opinion on the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

rival submissions of the parties on merits.

REKHA PALLI, J APRIL 16, 2024/Sr/d DR.SUDHIR KUMAR JAIN, J The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.