Smt. Devki Devi v. Govt. Of NCT Of Delhi And ORS.

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10380/2024 and CM APPL. 42647/2024 and 42648/2024 SMT. DEVKI DEVI .....Petitioner Through:

Mr. S.D. Baloni and Ms. Nivedita Panwar, Advocates.

versus GOVT. OF NCT OF DELHI AND ORS.

.....Respondents Through:

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 29.07.2024 1.

This writ petition has been preferred on behalf of the Petitioner under Articles 226 and 227 of the Constitution of India seeking the following reliefs:

"i) pass a Writ of Mandamus or any other writ, order or directions in favour of the petitioner and against the respondents thereby directing the respondents to revise the pay scale of the petitioner by re-fixing the same in accordance with the pay scale of the regular cook to the tune of Rs.3050-4590 w.e.f. 01.01.1996 as per 5th Central Pay Commission and subsequent corresponding pay scale w.e.f.

01/01/2006 on the recommendation of six central pay commission report along with arrears since 2014 onwards by acting upon the orders passed by the competent authority vide dated 31/01/2024 & 01/02/2024 respectively; ii) award the costs of the present proceedings in favour of the petitioner and against the respondents, in the interest of justice." 2.

Since the reliefs are sought against Department of Social Welfare under the Government of NCT of Delhi, which is amenable to the jurisdiction of Central Administrative Tribunal by virtue of Section 14 of the W.P.(C) 10380/2024 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 31/07/2024 at 12:28:32

Administrative Tribunals Act, 1985 and in view of the judgment of the Constitution Bench of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261, learned counsel for the Petitioner, on instructions, seeks to withdraw the petition with liberty to approach the Central Administrative Tribunal.

3.

Petition is accordingly disposed of as withdrawn, with liberty as prayed for, in accordance with law. Pending applications also stand disposed of.

JYOTI SINGH, J JULY 29, 2024 B.S. Rohella W.P.(C) 10380/2024 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 31/07/2024 at 12:28:32