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High Court of DelhiW.P.(C)/8030/2017

Ashok Kumar & ANR v. The District & Sessions Judge And ORS.

2017-09-11Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8030/2017 ASHOK KUMAR & ANR ..... Petitioners Through:

Mr. N.K. Jha, Adv.

versus THE DISTRICT & SESSIONS JUDGE AND ORS. ..... Respondents Through:

Mr. Sanjay Dewan and Ms. Palak Rohmetra, Advs. for R1.

Mr. Gautam Narayan, ASC with Ms. Mahamaya Chatterjee, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 11.09.2017 CM. NO. 33101/2017 (For exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(C) 8030/2017 The present petition has been filed by the petitioners with the following prayers:

"It is therefore, most respectfully prayed this Hon‟ble Court may issue appropriate writ / directions in favour of the petitioners and against the Respondents, thereby:- i) Direct the Respondent no.1 to allow the petitioners to mark their attendance it the attendance register maintained by Administration Branch of Respondent No.1 and to assign their duties or allot their posting as per rules. ii) And further direct the Respondent no.1 to take the petitioners on the „strength of office‟ of Respondent No.1 w.e.f 26.08.2017 (forenoon) for all consequential purposes of service record of the petitioners and to grant all service

benefits as per law to the petitioners accordingly. iii) Restrain the Respondents from taking any coercive action against the petitioners in view of the said facts and circumstances.

iv) Direct the Respondent no.2 to send all the service records like Service Book, GPF Book, Last Pay Certificate etc. of the petitioners to office of Respondent no.1 v) Direct the Respondent No.1 for not insisting the Petitioners to produce the relieving order from the Respondent No.2 for the purpose of joining in the officer of the Respondent No.1 after expiry of deputation period of the petitioners. Vi) Any other / further order (s) instruction (s) and direction (s) as this Hon‟ble Court may deem fit and proper in the facts and circumstances of the case, may also be passed in favour of the Petitioners and against the Respondents." Learned counsel appearing for the respondent no.1 states that the joining of the petitioners in the office of the District and Sessions Judge (Hqs.) has been accepted w.e.f August 26, 2017. He also states, respondent no.1 shall write to the National Green Tribunal for forwarding the service books of the petitioners.

In view of the aforesaid, learned counsel for the petitioners states that the grievances of the petitioners have been satisfied. The petition is disposed of as such.

CM. No. 33100/2017 (for Stay) Dismissed as infructuous.

V. KAMESWAR RAO, J SEPTEMBER 11, 2017/jg