Union Of India & ORS. v. Dinesh Kumar Arora & ORS.
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 315/2018 UNION OF INDIA & ORS.
..... Petitioners Through:
Ms. Arunima Dwivedi, CGSC with Mr. Aakash Pathak, Adv.
versus DINESH KUMAR ARORA & ORS.
..... Respondents Through:
Mr A. K. Trivedi, Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE % 24.05.2024
O R D E R
1.
On the last date, the matter was adjourned to enable the learned counsel for the petitioners to obtain instructions as to whether the decision of the Full Bench of the Tribunal in OA 1288/2014 titled as Smt. Manju Vashyishta and Ors. v. UOI based on which the impugned order has been passed, had attained finality.
2.
Today, she concedes that the said decision had attained finality as the petitioners' Special Leave Petition being SLP(C) bearing no. 31921/2018 stands dismissed by the Apex Court on 17.08.2021. She further submits that even though the petitioners' challenge to a similar order passed on the basis of the decision in Smt. Manju Vashishta (supra) also stands rejected by way of SLP(C)19850/2019 titled Union of India & Ors. vs Gopal Krishna & Ors., on both the occasions, the Apex Court had clarified that the question 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 28/05/2024 at 12:16:31
of law was being left open. She, therefore, prays that irrespective of the Apex Court's decision in Smt. Manju Vashishta (supra), the present petition be heard on merits.
3.
In the light of the aforesaid submissions, once two successive petitions have been rejected by the Apex Court on the same issue, we find no reason to interfere with the impugned order. 4.
Needless to state that as directed by the apex Court the question of law will remain open and therefore in a matter where the O.A. has not been decided on the basis of Smt. Manju Vashishta (supra), the Tribunal will consider the factual matrix before passing an order in the OA. 5.
The writ petition is accordingly dismissed.
REKHA PALLI, J SAURABH BANERJEE, J MAY 24, 2024/rr 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 28/05/2024 at 12:16:31