Sudhanshu Kumar Khare & ORS v. Bhanu Pratap Sharma & ORS

#24 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 182/2017 & CM APPL. 8496-8497/2017 SUDHANSHU KUMAR KHARE & ORS ..... Petitioners Through Mr. Sidharth Luthra, Senior Advocate with Mr. Gaurav Sarin and Ms. Supriya Juneja, Advocates versus BHANU PRATAP SHARMA & ORS ..... Respondents Through Mr. Ruchir Mishra, CGSC with Mr. Mukesh Kumar Tiwari, Advocates for R-1 and 2.

Ms. Joymoti Mize, Proxy Counsel for Mr. Naresh Kaushik, Standing Counsel for R-3/UPSC.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 02.03.2017 Present contempt petition has been filed alleging wilful disobedience of the judgment dated 22nd May, 2015, passed by a Division Bench of this court in Review Pet. 561/2014, wherein it was held that the consequential benefits wherever admissible would be given to the petitioners. Learned senior counsel for the petitioners states that despite the aforesaid judgment, the respondents have not paid the consequential benefits to the petitioners till date. He further states that review DPCs have also not been held by the respondents for granting promotion to the petitioners.

However, since present proceedings arise from an order passed by the Central Administrative Tribunal [for short "CAT"] and the doctrine of merger applies, the present contempt petition and applications are disposed of with liberty to the petitioners to file the contempt petition before the CAT under Section 17 of the Administrative Tribunals Act, 1985. The rights and contentions of all parties are left open.

In the event, the petitioner files the contempt petition before CAT within one week, this Court hopes and expect that the CAT shall decide the same as expeditiously as possible.

MANMOHAN, J MARCH 02, 2017 rn