Gurmeet Kaur v. Union Of India And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6408/2018 & C.M. No. 24603-604/2018 GURMEET KAUR ..... Petitioner Through: Mr. Sudarshan Rajan, Mr. Ramesh Rawat, Advocates.

versus UNION OF INDIA AND ORS.

..... Respondents Through: Mr. Vinod Diwakar, CGSC with Mr. Sanjay Pal, Advocate.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 01.06.2018 1.

There appears no urgency in the matter. A perusal of the impugned order reveals that it was passed as long back as on 28.10.2017, wherein the prayer for interim relief was rejected, but notice was issued in the main O.A., returnable on 11.12.2017.

2.

We are informed that on 11.12.2017, appearance was entered by the respondents and time was granted to file the counter affidavit whereafter, the matter was adjourned twice, once on 28.2.2018 and a second time on 08.5.2018. It is stated that on 08.5.2018, the matter has been adjourned by the Tribunal to 31.7.2018, for awaiting a counter affidavit. 3.

From the above sequence of events, it is clear that there is no urgency for the petitioner to have approached the Court on the eve of the summer vacations. Even otherwise, we are not inclined to entertain the present W.P.(C) 6408/2018

petition, where the petitioner seeks interim relief to the effect that the respondents should be restrained from making promotions to the post of Laboratory Assistants from Group 'D' posts since the main petition is pending adjudication before the Tribunal and the doctrine of lis pendens shall apply. We therefore decline to entertain the present petition. 4.

It is however directed that if the respondents do not file the counter affidavit in O.A. No. 3755/2017 within the time granted on 08.05.2018, then the Tribunal shall close their right to do so and proceed to hear arguments on the basis of the available records.

5.

The petition is dismissed alongwith the pending applications. HIMA KOHLI, J PRATIBHA RANI, J JUNE 01, 2018 ap /rkb W.P.(C) 6408/2018