Director General Esic & ORS. v. Ishwar Chand & ORS.

$~36 to 38 * IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 6228/2024, CM APPL. 25951/2024- Stay, CM APPL. 25952/2024- Exp., CM APPL. 25953/2024- Exp. from filing certified copy of Judgment DIRECTOR GENERAL ESIC & ORS.

..... Petitioners Through:

Mr.

T.Singhdev, Mr.

Abhijit Chakravarty, Mr .Bhanu Gulati, Mr.

Tanishq Srivastava, Mr.Arun Hussain, Mr. Abhas Sathramani and Mr.Sourabh Kumar, Advs.

versus SARWAN KUMAR & ORS.

..... Respondents Through:

None + W.P.(C) 6229/2024, CM APPL. 25954/2024- Exp.,CM APPL. 25955/2024- Exp. from filing certified copy of Judgment, CM APPL. 26022/2024-Stay DIRECTOR GENERAL ESIC & ORS.

..... Petitioners Through:

Mr.

T.Singhdev, Mr.

Abhijit Chakravarty, Mr .Bhanu Gulati, Mr.

Tanishq Srivastava, Mr.Arun Hussain, Mr. Abhas Sathramani and Mr.Sourabh Kumar, Advs.

versus ISHWAR CHAND & ORS.

..... Respondents Through:

None W.P.(C) 6233/2024, CM APPL. 25974/2024- Stay, CM APPL. 25975/2024- Exp., CM APPL. 25976/2024- Exp. from filing certified copy of Judgment The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

DIRECTOR GENERAL ESIC & ORS.

..... Petitioners Through:

Mr.

T.Singhdev, Mr.

Abhijit Chakravarty, Mr .Bhanu Gulati, Mr.

Tanishq Srivastava, Mr.Arun Hussain, Mr. Abhas Sathramani and Mr.Sourabh Kumar, Advs.

versus MAHENDER SINGH & ORS.

..... Respondents Through:

None

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 03.05.2024 1.

The present writ petitions seek to assail the common order dated 30.01.2023 passed in three OAs by the learned Central Administrative Tribunal. Vide the impugned order, the learned Tribunal has allowed the original applications filed by the respondents/applicants by relying on its decisions in various earlier OAs, including OA no. 1330/2019. 2.

From a perusal of the impugned order, we find that while allowing the original applications, the learned Tribunal has categorically directed that the relief granted to the respondents would remain subject to the outcome of W.P.(C) 18/2015, i.e, the writ petition pending before this court wherein the order dated 19.12.2013 passed in OA 3227/2011, has been assailed. It may be noted that based on the order dated 19.12.2013 passed in OA 3227/2011, various other OAs were allowed, including OA 1330/2019. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

In the light of the aforesaid and taking into account the fact that the learned Tribunal has itself clarified that the relief granted to the respondents would remain subject to the outcome of the pending writ petitions filed by the petitioners to assail the orders passed in OA 3227/2011 as also in OA 1330/2019, we find absolutely no reason to entertain the present writ petitions. In our view, once the respondents have already been put to notice that the relief granted to them would be dependent upon the outcome of the pending writ petitions, no useful purpose would be served by keeping these petitions pending.

4.

We, therefore, dispose of the present writ petitions by clarifying that the relief granted under the impugned order would remain subject to the outcome of the W.P.(C) 18/2015 and other connected writ petitions. 5.

The writ petitions are, accordingly, dismissed. 6.

A copy of this order be forwarded to the respondents. REKHA PALLI, J SAURABH BANERJEE, J MAY 3, 2024/rr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.