Shakunti Devi v. Union Of India & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5632/2014 SHAKUNTI DEVI ..... Petitioner Through Mr. J N Patel, Advocate versus UNION OF INDIA & ORS.

..... Respondents Through Mr. Anuj Aggarwal, ASC/GNCTD with Ms. Debashree Mukherjee, Advocate

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 02.12.2016 CM No. 39899/2016 (for modification of final order dated 1.9.2014 by the petitioner.

This writ petition vide order dated 1st September, 2014 was allowed to be withdrawn with liberty to the petitioner to file 'civil suit'.

By this application, petitioner seeks modification of the order dated 1st September, 2014 by stating that the expression 'civil suit' should be substituted by the Competent Authority because plaintiff may have to approach the Central Administrative Tribunal (CAT). As per the averments in the writ petition, the deceased husband of the petitioner was an employee of respondent no.2, i.e, State Farms Corporation of India Limited and which entity is not included in the list of institutions disputes of which with its employees have to be decided by the Central Administrative Tribunal (CAT).

Probably, therefore the petitioner may not be able to approach the Central Administrative Tribunal. The petitioner can approach the CAT if a deceased husband was an employee of the Central Government.

Accordingly, this application is disposed of by substituting expression 'civil suit' in the order dated 1st September, 2014 to appropriate independent proceedings including a 'civil suit'. The application stands disposed of.

VALMIKI J. MEHTA, J DECEMBER 02, 2016 P