High Court of DelhiW.P.(C)/13146/2018

Tarun Kumar Gaur v. Govt Of NCT Of Delhi & ORS

2024-01-25Hon'Ble Ms. Justice Rekha Palli,Hon'Ble Mr. Justice Rajnish Bhatnagar2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13146/2018 TARUN KUMAR GAUR ..... Petitioner Through:

Mr. Kumar Utkarsh, Adv.

versus GOVT OF NCT OF DELHI & ORS ..... Respondents Through:

Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi , Ms.

Manisha and Mr.

Hitanshu Mishra, Advs.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 25.01.2024

1. The present writ petition under Article 226 read with Article 227 of the Constitution of India seeks to assail order dated 06.08.2018 passed by the learned Central Administrative Tribunal ('the Tribunal') in Original Application (O.A.) No. 2678/2018.

2. Vide the impugned order, the learned Tribunal has rejected the petitioner's challenge to the decision of the respondents not to grant him re-employment to the petitioner after he had been disengaged from service.

3. Learned counsel for the respondents submits that the present petition has become infructuous as not only was the petitioner found unfit for re-employment, but, even otherwise, a considered decision has now been taken by the Director of Education (DoE) to discontinue with the 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 15/06/2024 at 11:33:36

practice of re-employment of Teachers, Vice Principals and Principals. She, therefore, contends that even if the petitioners were to succeed in the writ petition, he cannot be re-employed on account of this order passed on 10.09.2020.

A copy of the order dated 10.09.2020 issued by the DoE is handed over in the Court and is taken on record.

4. In the light of the aforesaid, once the very practice of re-employment of Teachers, Vice Principals and Principals has been discontinued, we find no reason to interfere with the impugned order at this stage.

5. The writ petition is, accordingly, dismissed.

6. It is, however, made clear that this Court has not expressed any opinion on the merits of the rival submissions of the parties. REKHA PALLI, J RAJNISH BHATNAGAR, J JANUARY 25, 2024 acm 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 15/06/2024 at 11:33:36