Krishna Kumar Singh v. Union Of India And ORS

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3477/2017 and CM APPL. 15247/2017 KRISHNA KUMAR SINGH ..... Petitioner Through: Mr M.K. Bhardwaj, Adv.

versus UNION OF INDIA AND ORS ..... Respondents Through: Ms Amrita Prakash, Adv.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 24.04.2017 CAV 394/2017 Since the learned counsel for the respondents/caveator has put in appearance and accepted notice, the caveat stands discharged. CM APPL.15248/2017 (Exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.

W.P.(C) 3477/2017 and CM APPL. 15247/2017 (for interim orders) Learned counsel for the petitioner, on instructions, states that the petitioner accepts the posting order in view of the subsequent developments taken note of in the impugned order of the Tribunal, i.e., the posting of the longest stayees to tenure post. Mr Bhardwaj submits that the salary of the petitioner has not been paid since May, 2016. He submits that the petitioner had moved MA No.96/2016 raising grievance with regard to non-release of his

salary and other service benefits. He submits that the Tribunal had not gone into the reliefs sought in the said MA.

The reliefs sought by the petitioner in the said MA gave rise to an independent and separate cause of action. Since the Tribunal has not gone into the grievances raised in the said MA, it shall be open to the petitioner to independently agitate his grievance, if any, and the same shall be considered by the Tribunal on its own merit. The respondents shall issue requisite document to facilitate the joining by the petitioner at the posting given to him. The petition stands disposed of in these terms. VIPIN SANGHI, J DEEPA SHARMA, J APRIL 24, 2017 bg