Sonia Bablani and Ors. v. Govt. of NCT of Delhi & Ors.
Case brief
What is this about?
In a writ petition regarding service disputes and retiral benefits, the High Court held that being employees of a government school makes the petitioners' service conditions subject to the Central Administrative Tribunal. The Court relied on L. Chandra Kumar to declare CAT as the competent first instance authority and transferred the matter instead of dismissal.
What did the court decide?
Writ petition transferred for decision to the Central Administrative Tribunal (CAT), Principal Bench, New Delhi.
What the court decided
$~12
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(C) 6099/2016 and C.M. No.36701/2016 (for release of retiral benefits by petitioner no.6)
SONIA BABLANI AND ORS.
..... Petitioners
Through: Ms. Rashmi Chopra, Advocate with Ms. Asiya, Advocate.
versus
GOVT. OF NCT OF DELHI & ORS ..... Respondents Through: Mr. Peeyosh Kalra, ASC with Mr. Shiva Sharma, Advocate and Ms. Sona Bahhar, Advocate for respondent No.2.
CORAM: HON'BLE MR. JUSTICE VALMIKI J. MEHTA O R D E R % 08.12.2016
- Petitioners are employees of the government school which is respondent no.5 in this writ petition. Once petitioners are employees of government school run by the Government of NCT of Delhi, any issue with regard to service conditions or service disputes of petitioners with the Government of NCT of Delhi will have to be decided by the Central Administrative Tribunal(CAT), Principal Bench, New Delhi because Government of NCT of Delhi is covered in the list of institutions disputes of W.P.(C) No.6099/2016 page 1 of 3
Issues for consideration
3 issues framed by the court
Whether service disputes involving employees of government schools run by the Government of NCT of Delhi fall under the exclusive jurisdiction of the Tribunal or High Courts?
Whether the petition should be retained by the High Court or transferred to the appropriate Tribunal?
Whether Article 226 jurisdiction can be exercised directly without approaching the CAT first?
Parties & counsel
- petitioner
Sonia Bablani And Ors.
- respondent
Govt. Of NCT Of Delhi & Ors.
Coram
Valmikij Mehta
Case details
As recorded by the court registry
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