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High Court of DelhiW.P.(C)/3468/2016

Suresh Chandra v. North Delhi Municipal Corporation & ORS

2016-04-27Hon'Ble Mr. Justice Sanjiv Khanna,Hon'Ble Mr. Justice Najmi Waziri2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3468/2016 SURESH CHANDRA ..... Petitioner Through Mr. Rajeev Sharma, Advocate.

versus NORTH DELHI MUNICIPAL CORPORATION & ORS.

..... Respondents Through Ms. Biji Rajesh, Advocate for Mr.

Gaurang Kanth, Advocate.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 27.04.2016 Learned counsel for the petitioner has drawn our attention to order dated 21st April, 2016 passed by the Principal Bench of the Central Administrative Tribunal, New Delhi (Tribunal, for short). The said order records that the counsel for the applicant, i.e., the petitioner before us, had insisted on grant of interim order to the effect that status quo as of that date should be maintained.

2.

The grievance of the petitioner is that his juniors are being considered and have been appointed as Chief Engineer (Civil) on ad hoc basis or given current duty charge, while he is not being considered for the said post on the ground that he is not eligible. It is urged that earlier also his juniors in

violation of the rules and ignoring the seniority of the petitioner were granted ad hoc or current duty charge as Superintending Engineer (Civil). 3.

The next date before the Tribunal is 29th April, 2016. 4.

Learned counsel for the petitioner has pointed out to us that the respondent North Delhi Municipal Corporation has issued office order dated 25th April, 2016 as no stay order was passed on 21st April, 2016. This aspect can be brought to the notice of the Tribunal on the next date of hearing. Office order dated 25th April, 2016 is subject to outcome of the OA No. 772/2016 and other OAs, including a writ petition pending in the High Court.

5.

As the Tribunal is to hear the OA and prayer for interim relief on 29th April, 2016, we do not think any useful purpose will be served by issuing notice in the writ petition. We give liberty to the petitioner to submit and raise these facts and contentions before the Tribunal and press his application for injunction and interim relief. 6.

With the aforesaid observations, the writ petition is disposed of. Dasti under signature of the Court Master.

SANJIV KHANNA, J.

NAJMI WAZIRI, J.

APRIL 27, 2016 VKR