Dr. Prabal Pratap v. Union Of India

$~116 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15133/2024 DR. PRABAL PRATAP .....Petitioner Through:

Mr. Jugal Kishore Gupta, Adv.

versus UNION OF INDIA .....Respondent Through:

Mr. Hanu Bhaskar, CGSC with Mr. Ravikant, Mr. Kapil Dev Yadav, GP.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 25.10.2024 CM APPL. 63455/2024 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 15133/2024 & CM APPL. 63454/2024 3.

This writ petition has been filed on behalf of the Petitioner laying a challenge to order dated 26.09.2024 by which the services of the Petitioner have been prematurely repatriated from Unique Identification Authority of India ('UIDAI') to his Parent Cadre i.e. DMSRDE, DRDO, Kanpur with effect from 28.10.2024.

4.

Learned counsel for the Petitioner submits that daughter of the Petitioner is currently studying in class X and therefore, without pressing the legal grounds on which the impugned order is otherwise assailed, it would suffice if the impugned order is kept in abeyance up to 31.03.2025, to enable W.P. (C) 15133/2024 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 28/10/2024 at 13:06:23

the Petitioner to take care of his daughter's education as the premature repatriation and consequent posting of the Petitioner at this stage would disrupt her education. Petitioner, who is present in Court, undertakes that he will not seek any extension beyond 31.03.2025 and will join his parent cadre w.e.f. 01.04.2025.

5.

Issue notice.

6.

Mr. Hanu Bhaskar, learned Central Government Standing Counsel accepts notice on behalf of the Respondent and, on instructions, submits that in the peculiar facts of this case, Respondent has no objection if the Repatriation Order dated 26.09.2024 is not given effect to till 31.03.2025, subject to Petitioner's undertaking that he will not seek any further extension and/or challenge the repatriation order.

7.

In view of the aforesaid, this writ petition is disposed of taking assurance of the Respondent on record that the impugned order of repatriation dated 26.09.2024 will be kept in abeyance till 31.03.2025. Court also takes on record, the undertaking of the Petitioner that he will not seek extension for continuing in UIDAI/Respondent herein, beyond 31.03.2025 and will not challenge the said order. 8.

It is made clear that this order is passed in peculiar facts of this case and shall not be treated as a precedent in any other case. 9.

Pending application also stands disposed of.

JYOTI SINGH, J OCTOBER 25, 2024/KG W.P. (C) 15133/2024 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 28/10/2024 at 13:06:23