Mr. Shalabh Kumar And Others v. Government Of NCT Of Delhi And Others

$~96 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14151/2024 MR. SHALABH KUMAR AND OTHERS .....Petitioners Through:

Mr. Ashok Agarwal, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates.

versus GOVERNMENT OF NCT OF DELHI AND OTHERS .....Respondents Through:

Ms.

Avnish Ahlawat, Standing Counsel with Mr.

Nitesh Kumar Singh, Ms.Laavanya Kaushik, Ms. Aliza Alam and Mr.Mohnish Sehrawat, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 07.10.2024 1.

This writ petition has been filed on behalf of the Petitioners under Article 226 of the Constitution of India for a direction to the Respondents to pay all the pending dues of the Petitioners. Petitioners are stated to be outsourced contractual employees working as Patient Welfare Officer (PWO) in Delhi Government Hospitals.

2.

The nature of reliefs sought falls under 'service matter' as defined under Section 3(q) of the Administrative Tribunals Act, 1985 and the reliefs are sought against Department of Women and Child Development which is a Department under Government of NCT of Delhi and therefore, the remedy W.P.(C) 14151/2024 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 09/10/2024 at 16:41:44

of the Petitioners lies before the Central Administrative Tribunal, as the only Court of first instance in view of Section 14 of the said Act 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. Therefore, this petition cannot be entertained by this Court. 3.

Writ petition is accordingly dismissed without expressing any opinion on the merits of the case, with liberty to the Petitioners to take recourse to appropriate remedies as per law.

JYOTI SINGH, J OCTOBER 7, 2024 B.S. Rohella W.P.(C) 14151/2024 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 09/10/2024 at 16:41:44