Delhi High Court
W.P.(C)/8124/2012 of SH. NARENDER KUMAR AND ORS Vs UNION OF INDIA AND ORS on 26 December 2012
THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.8123/2012 & CM No. 20193/2012 (for stay) + SH. LAKCHMAN & ANR. Through: Versus ..... Petitioners Mrs.Jyoti Singh, Senior Advocate with Ms.Sahila Lamba and Mr. Manjeet Singh, Advocates. UNION OF INDIA & ORS. . .... Respondents Through:
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No.8123/2012 & CM No. 20193/2012 (for stay)
SH. LAKCHMAN & ANR. ..... Petitioners Through: Mrs.Jyoti Singh, Senior Advocate with Ms.Sahila Lamba and Mr. Manjeet Singh, Advocates.
Versus
UNION OF INDIA & ORS. . .... Respondents Through: Mr. Rajeeve Mehra, ASG with Mr.Sumeet Pushkama, CGSC and Mr. Gaurav Sharma, Advocates for Respondents with Mr. Shiv Kumar, UDC, Govt. of India Press. AND .
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+
W.P.(C) No.8124/2012 & CM No. 20194/2012 (for stay)
SH. NARENDER KUMAR & ORS. . .... Petitioners Through: Mrs.Jyoti Singh, Senior Advocate with Ms.Sahila Lamba and Mr. Manjeet Singh, Advocates.
Versus
UNION OF INDIA & ORS. ..... Respondents Through: Mr. Rajeeve Mehra, ASG with Mr.Sumeet Pushkama, CGSC and Mr. Gaurav Sharma, Advocates for Respondents with Mr. Shiv Kumar, UDC, Govt. of India Press. WP(C) Nos. 8123-2512012 Page1of4
Signature Not Verified
+
AND
W.P.(C) No.8125/2012 & CM No. 20195/2012 (for stay)
SH. SATPAL SINGH & ORS. . .... Petitioners Through: Mrs.Jyoti Singh, Senior Advocate with Ms.Sahila Lamba and Mr. Manjeet Singh, Advocates.
Versus
0/o
UNION OF INDIA & ORS.
. .... Respondents
Through: Mr. Rajeeve Mehra, ASG with Mr.Sumeet Pushkama, CGSC and Mr. Gaurav Sharma, Advocates for Respondents with Mr. Shiv Kumar, UDC, Govt. of India Press.
CORAM: HON'BLE MR. JUSTICE SURESH KAIT HON'BLE MS. JUSTICE PRA TIBHA RANI ORDER 26.12.2012
1. Since all these petitions raise identical Issues, therefore, we are disposing of all the aforementioned petitions by a common order with consent of the learned counsels for the parties.
2. Briefly stated, the present petitions are directed against the order dated 20.12.2012 passed by the Central Administrative Tribunal (CAT), Principal Bench, New Delhi. The petitioners are aggrieved with the show cause notices dated 27.11.2012, whereby show cause notices have been issued by respondent No.3 as to why their services should not be terminated WP(C) Nos. 8123-2512012 Page 2of 4
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as per the judgment passed by this Court on 20.07.2010 in W.P.(C) No. 26/2009.
3. Ms.Jyoti Singh, learned senior counsel appearing on behalf of the petitioners has submitted that in the aforesaid judgment, the Division Bench of this Court specifically mentioned that since appointment in the unreserved category and the ST category were not in question, therefore, the Court directed that needful would be done only in respect of the SC and OBC candidates and not in respect of the unreserved category and ST category candidates. She further submitted that the present petitioners are from the unreserved category and therefore, the redrawn panel on the basis of the seniority is contrary to the aforesaid judgment delivered by this Court.
4. The learned CAT has dismissed their application being premature. We are also of the same opinion that the present petitions are not maintainable being premature.
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5. However, m the facts and circumstances of the case, let the respondents take the decision, but the same shall be implemented only after seven days of its communication to the petitioners.
6. We here make it clear that if the petitioners are aggrieved with the decision of the respondents, they may have liberty to challenge the same before the appropriate Forum in accordance with law.
7. In view of the above, the instant petitions alongwith the pending applications are disposed of.
WP(C) Nos. 8123-2512012
8. A copy of this order be given dasti to the learned counsels for the parties under the signatures of the Court Master.
SURESH KAIT, J.
DECEMBER 26, 2012 sb
WP(C) Nos. 8123-2512012
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