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High Court of DelhiW.P.(C)/7061/2024

Randhir Kumar & ORS. v. Union Of India Through Director General Of Metorlogy & ANR.

2024-11-04Hon'Ble Ms. Justice Jyoti Singh2 pages

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7061/2024 and CM APPL. 29445/2024 RANDHIR KUMAR & ORS.

.....Petitioners Through:

Mr. Shreyas Mehrotra and Mr.Manish Kumar Mishra, Advocates.

versus UNION OF INDIA THROUGH DIRECTOR GENERAL OF METORLOGY & ANR.

.....Respondents Through:

Ms. Ekta Choudhary, SPC with Mr.Divyank Dutt Dwivedi and Ms. Laavanya Kaushik, Advocates for Respondent/UOI.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 04.11.2024 1.

This writ petition has been preferred on behalf of the Petitioners under Article 226 of the Constitution of India for quashing the decision dated 17.01.2024 and orders dated 24.01.2024 and 12.02.2024, disengaging them from contractual appointments w.e.f. 29.02.2024. 2.

From a plain reading of the writ petition, it is amply clear that the reliefs sought are in the nature of service matters as defined under Section 3(q) of the Administrative Tribunals Act, 1985 ('1985 Act') and Respondent No.1, i.e., Ministry of Earth Sciences and Respondent No.2/Indian Council of Agricultural Research fall within the jurisdiction of the Central Administrative Tribunal. Therefore, in view of the judgment of the Constitution Bench of the Supreme Court in L. Chandra Kumar v. Union of W.P.(C) 7061/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/11/2024 at 12:05:36

India and Others, (1997) 3 SCC 261, Administrative Tribunal is the only Court of first instance to adjudicate the issues raised by the Petitioners and the writ petition deserves to be dismissed.

3.

In view of Section 14 of 1985 Act and judgment of the Supreme Court in L. Chandra Kumar (supra), this writ petition is dismissed with liberty to the Petitioners to take recourse to appropriate remedies before the appropriate forum, in accordance with law.

4.

Pending application stands disposed of.

JYOTI SINGH, J NOVEMBER 4, 2024 B.S. Rohella W.P.(C) 7061/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/11/2024 at 12:05:36