High Court of DelhiCONT.CAS(C)/715/2022

Anuradha & ANR. v. Mr Krishan Kumar & ORS.

2024-12-02Hon'Ble Ms. Justice Rekha Palli3 pages

$~2 and 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 715/2022 ANURADHA & ANR.

.....Petitioners Through:

Mr. Chirayu Jain, Advocate.

versus MR KRISHAN KUMAR & ORS.

.....Respondents Through:

Mr. Sameer Vashishth, Additional Standing Counsel, Civil, GNCTD for R1 and R3. + W.P.(C) 8825/2022 and CM APPLs. 26615/2022, 31078/2022, 39663/2022 and 19437/2024 ANURADHA & ANR.

.....Petitioners Through:

Mr. Chirayu Jain, Advocate.

Versus

DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, GNCTD & ANR.

.....Respondents Through:

Mr. Sameer Vashishth, Additional Standing Counsel, Civil, GNCTD with Ms.

Harshita Nathrani, Advocates for R1.

Ms. Nidhi Raman Parashar, SPC with Mr. Anand Chichra, Advocates for R2.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 02.12.2024 1.

The writ petition being W.P.(C) 8825/2022 has been preferred on behalf of the Petitioners seeking the following reliefs: "a. Issue an appropriate writ, order or direction, thereby directing the respondents to pay the due salaries of the Petitioners who work as Women Welfare Officers under the Mahila Shakti Kendra Scheme; and b. Issue an appropriate writ, order or direction, thereby directing the CONT.CAS(C) 715/2022 and connected matter Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondents to continue with the engagement of the Petitioners as Women Welfare Officers and not to discontinue them; and c. Allow the present writ petition in favour of the Petitioners while imposing exemplary cost on the Respondents; and" 2.

By an interim order dated 31.05.2022, this Court had restrained Respondent No.1 from terminating the services of the Petitioner on the ground of Mahila Shakti Kendra Scheme coming to an end. 3.

Conscious of this restraint, a Contempt Petition has been filed bearing CONT.CAS(C) 715/2022 on the ground that the order of this Court was willfully disobeyed by the Respondents/Contemnors and their services were terminated despite the interim order passed by this Court. Reply has also not been filed to the contempt petition. However, considering that this matter is amenable to the jurisdiction of the Central Administrative Tribunal in terms of judgment of the Constitution of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261 and considering that an interim order operates in favour of the Petitioners and the Contemnors are yet to purge their contempt, this writ petition and the contempt petition are hereby transferred in the peculiar facts of the case to the Central Administrative Tribunal, where it shall be listed before the Registrar on 16.12.2024.

Till the matter is placed before the Tribunal for hearing, the interim order shall continue and thereafter it shall be open to the Tribunal to vacate, vary or modify the interim order after the respondents have purged the contempt.

Counsel for the Petitioner states that on 01.12.2024, Respondent No.1 had served an order to the Petitioners, whereby representation of the CONT.CAS(C) 715/2022 and connected matter Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Petitioner for salary and emoluments had been rejected and he thus seeks liberty to assail the said order.

Needless to state that the Petitioners always have the liberty to assail the order, which is a subsequent development, but in accordance with law. JYOTI SINGH, J DECEMBER 2, 2024/jg CONT.CAS(C) 715/2022 and connected matter Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.