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High Court of DelhiW.P.(C)/6528/2025

Sakthivel G v. Director Central Government Health Scheme & ORS.

2025-05-15Hon'Ble Mr. Justice Prateek Jalan2 pages

$~102 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6528/2025 and CM APPL. 29689/2025 SAKTHIVEL G .....Petitioner Through:

Mr. Aman Goyal, Mr. Kartikay Kumar and Mr. Shashank Sehdev, Advocates.

versus DIRECTOR CENTRAL GOVERNMENT HEALTH SCHEME & ORS.

.....Respondents Through:

Mr. Niraj Kumar, Senior Central Government Counsel with Mr.

Chaitanya Kumar, Advocate for R1, R2 and R4.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 15.05.2025 1.

The grievance raised by the petitioner in this petition under Article 226 of the Constitution are admittedly amenable to the jurisdiction of the Central Administrative Tribunal ["CAT"] under the Administrative Tribunals Act, 1985. The judgment of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261, interpreted inter alia in a Division Bench decision of this Court in Parikshit Grewal & Ors. vs. Union of India & Anr. [LPA 971/2024, decided on 27.09.2024], clearly holds that the writ Court ought not to adjudicate disputes at the first instance, if they fall within the jurisdiction of CAT. W.P.(C) 6528/2025 Page 1 of 2 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 01/07/2025 at 22:31:08

2.

After some hearing, Mr. Aman Goyal, learned counsel for the petitioner, seeks permission to withdraw this writ petition, with liberty to approach CAT.

3.

The writ petition, along with the pending application, is dismissed as withdrawn, with liberty as aforesaid.

4.

A copy of this order be given dasti under the signatures of the Court Master.

PRATEEK JALAN, J MAY 15, 2025 UK/kb/ W.P.(C) 6528/2025 Page 2 of 2 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 01/07/2025 at 22:31:08