Rashmi Suryavanshi v. Navodaya Vidyalaya Samiti Through Its Commissioner

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11077/2024 and CM APPL. 45757/2024 RASHMI SURYAVANSHI .....Petitioner Through:

Mr. Rahul Bajaj and Mr. Amar Jain, Advocates versus NAVODAYA VIDYALAYA SAMITI THROUGH ITS COMMISSIONER .....Respondent Through:

None.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 12.08.2024 1.

This writ petition has been preferred on behalf of the Petitioner under Article 226 of the Constitution of India laying a challenge to the transfer order whereby Petitioner has been transferred to Ambala. 2.

Reading of the petition and the prayer clause leaves no doubt that the relief sought is in the nature of a service dispute with Navodaya Vidyalaya Samiti and hence, in view of Section 14 of the Administrative Tribunals Act, 1985 and the judgment of the Constitution Bench of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261, remedy of the Petitioner lies before the Central Administrative Tribunal as a Court of first instance.

3.

At this stage, learned counsel for the Petitioner, on instructions, seeks to withdraw the petition with liberty to approach the Central Administrative Tribunal.

W.P.(C) 11077/2024 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 13/08/2024 at 12:37:49

4.

Writ petition is accordingly disposed of as withdrawn with liberty to the Petitioner to approach the appropriate Forum in accordance with law. Pending application also stands disposed of.

JYOTI SINGH, J AUGUST 12, 2024/kks W.P.(C) 11077/2024 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 13/08/2024 at 12:37:49