Remanded

Govt of NCT of Delhi & Ors. v. Poonam & Arn

Delhi HC1 Aug 2011W.P.(C)/8552/2010

Case brief

AI extract

What is this about?

The Division Bench set aside the Ottawa Tribunal's order dated 8th July, 2010 passed in OA No. 1489/2010 titled as 'Mrs. Poonam v. Delhi Subordinate Services Selection Board and Ors', which had relied on the directions issued in Parul Dhingra's case. It restored the applicant's original application and remanded the matter to the Tribunal for re-deciding according to the pleas and contentions of th

What did the court decide?

The impugned order dated 8th July, 2010 is set aside; the original application of Mrs. Poonam is restored; and the matter is remanded to the Tribunal.

Govt of NCT of Delhi & Ors. Vs Poonam & Arn — Pension and Retirement Benefits | Delhi HC (2011)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) No.8552/2010 & CM No. 21830/2010

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% Date of Decision: 01.08.2011

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Govt. of NCT of Delhi & Ors.

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…. Petitioners

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Through Ms. Zubeda Begum & Ms.Sana Ansari, Advocates.

Versus

Ms. Poonam & Anr.

…. Respondents

Through Mr. Raunak Jain, Advocate for respondent No. 1 Mr. Mukesh Gupta, Advocate for MCD/respondent No. 2

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CORAM:

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HON’BLE MR. JUSTICE ANIL KUMAR HON’BLE MR. JUSTICE SUDERSHAN KUMAR MISRA

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Whether reporters of Local papers may YES be allowed to see the judgment?

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To be referred to the reporter or not? NO 3. Whether the judgment should be NO reported in the Digest?

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ANIL KUMAR, J.

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The petitioners have challenged the order dated 8^th July, 2010 passed in OA No. 1489/2010 by the Central Administrative Tribunal, Principal Bench titled as ‘Mrs. Poonam v. Delhi Subordinate Services Selection Board and Ors’.

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The application of respondent No.1 before the Tribunal had contended that she had completed two years diploma course in

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W.P.(C) No.8552/2010 Page 1 of 4

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Elementary Teacher Education (hereinafter referred to as ETE) in the month of May, 2005 at the age of 26 years. The result of ETE Diploma Course was declared on 24^th May, 2005.

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The Tribunal by the impugned order had disposed of other original applications of other candidates who were similarly placed as the respondent no.1, being OA No. 498/2010 titled as ‘Mrs. Suman Lata Sharma v. Govt. of NCT of Delhi & Ors.’ & OA 751/2010 titled as ‘Ms. Jyoti Dua and Ors. v. Delhi Subordinate Services Selection Board and Ors’.

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The Tribunal in the impugned order, relied on the directions issued in Parul Dhingra’s case dated 18^th March, 2010 and directed the petitioner to offer appointment to respondent No. 1 with all the consequences on the premise that the decision of the Tribunal in Parul Dhingra’s case had become final and the said order was not challenged in the writ petition filed against the said order.

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The impugned order dated 8^th July, 2010 deciding the original applications, being OA No. 751/2010, titled as ‘Ms. Jyoti Dua & Ors. v. Delhi Subordinate Services Selection Board & Ors.’, was challenged by the petitioner in writ petition bearing WP(C) No. 8545/2010 titled as ‘Delhi Subordinate Services Selection Board & Ors. v. Ms. Jyoti Dua & Ors’.

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W.P.(C) No.8552/2010 Page 2 of 4

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This Court, while considering the writ petition WP(C) No. 8545/2010 titled as ‘DSSSB & Anr. v. Ms. Jyoti Dua and Ors.’ had held that the Tribunal’s decision in Parul Dhingra’s case was overruled by a Division Bench of the High Court by order dated 2^nd November, 2010 in WP(C) No. 4677/2010 titled as ‘DSSSB v. Parul Dhingra & Anr’ and consequently had remanded the matter of Ms. Jyoti Dua after reviving her Original Application.

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The learned counsel for respondent No. 1 contends that the facts of the present respondent No. 1, Mrs. Poonam, are similar to that of Ms. Jyoti Dua, which writ petition being WP(C) No. 8545/2010 was decided by this Court and the order dated 8^th July, 2010 was set aside and the original application was restored and the matter was remanded to the Tribunal. The learned counsel for the petitioner has also not disputed the facts that the case of Ms. Jyoti Dua was also decided by the order dated 8^th July, 2010, which order had been set aside by the High Court in the writ petition WP(C) No. 8545/2010 titled as DSSSB & Anr. v. Ms. Jyoti Dua and Ors. and the original application was restored and the matter was remanded to the Tribunal to decide afresh the pleas and contentions of the parties.

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In the circumstances for the same reasons as were taken by the High Court in writ petition WP(C) No. 8545/2010 titled as DSSSB & Anr. v. Ms. Jyoti Dua and Ors., the same impugned order dated 8^th July, 2010 passed in OA 1489/2010 titled as ‘Mrs. Poonam v. Delhi

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W.P.(C) No.8552/2010 Page 3 of 4

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Subordinate Services Selection Board & Ors.’ is set aside and the said original application of Mrs. Poonam, being O.A No. 1489 of 2010, is restored and the matter is remanded to the Tribunal to re-decide the matter according to pleas and contentions of the parties and the various decisions of this Court. The writ petition is disposed of with these directions and the parties are left to bear their own costs. All the pending applications are also disposed of.

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The parties are directed to appear before the Tribunal on 19^th August, 2011.

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ANIL KUMAR, J.

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SUDERSHAN KUMAR MISRA, J.

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AUGUST 01, 2011 ‘rs’

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W.P.(C) No.8552/2010 Page 4 of 4

Govt of NCT of Delhi & Ors. v. Poonam & Arn

Case brief

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Govt of NCT of Delhi & Ors. v. Poonam & Arn

Case brief

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