Govt. Of NCT Of Delhi And ANR. v. Sh. Devender Kumar

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3543/2018 & CM APPL. 13998/2018 (for stay) GOVT. OF NCT OF DELHI AND ANR.

..... Petitioners Through:

Ms.

Avnish Ahlawat, Standing Counsel, GNCTD (Services) with Ms.Palak Rohmetra, Advocate.

versus SH. DEVENDER KUMAR ..... Respondent Through:

Mr. Sudhir Kumar Ojha, Mr. Deepak Sinha and Mr.

Ajay Kumar, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 23.10.2018 The petitioner, by the additional affidavit, seeks to explain the delay in filing the writ petition. We have heard Ms. Ahlawat, learned counsel for the petitioner on merits and since we are not inclined to interfere with the impugned order, we do not consider it necessary to dwell into the aspect of delay.

By the impugned order passed by the Central Administrative Tribunal in O.A. No. 2015/2012 dated 06.09.2016 all that the Tribunal has directed the petitioners to do is to:- "consider the case of the applicant in the light of aforesaid judgments in the case of Deepak Kumar's case (supra) and Ravindra Devi's case (supra) and in case the applicant is found to be covered by the same then he be extended the

benefit of reservation of SC candidate and his candidature be processed further. If he is found fit, he shall be offered appointment as Driver in DTC along with consequential benefits of seniority and pay fixation. The aforesaid benefits shall be extended to the applicant within a period of 60 days from the date of receipt of a certified copy of this order." The additional affidavit filed by the petitioners itself shows that in other cases the petitioner has passed reasoned orders in the case of other candidates upon similar directions being issued by the Tribunal.

Consequently, we see no justification for the petitioners to assail the present order passed by the Tribunal. The petitioner should comply with the said order and pass a reasoned order considering candidature of the respondent in the light of the judgments in Deepak Kumar & Ors. Vs. District Sessions Judge, Delhi & Ors., W.P.(C) 5390/2010 and Ravindra Devi vs. Govt. of NCT of Delhi & Ors., 2014 (6) SLR 562 (Delhi). The petitioner is granted two weeks to comply with the said directions. The petition stands disposed of in the above terms. VIPIN SANGHI, J A. K. CHAWLA, J OCTOBER 23, 2018 nn