Service dispute over joining pursuant to an offer letter was filed as a writ petition despite CAT jurisdiction under the Administrative Tribunals Act. The Delhi High Court transferred the petition to the Tribunal and continued the interim order until further orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Through: Mr. Pushpinder Singh, Ms. Anurag Rana, Mr. Sukhmandeep Singh and Mr. Prabjit Singh Virdi, Advocates.
versus
UNION OF INDIA & ORS. .....Respondents Through: Mr. Ajay Jain, SPC with Mr. Krishna Sharma, Ms. Bijay Lakshmi, Mr. M.N. Mishra, Mr. Vikrant Singh and Ms. Shreya Jain, Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R % 13.08.2024
“i) Issue writ, order or direction in the nature of mandamus to direct the respondent to allow the petitioner to join the service in view of offer letter dated 25.03.2022;
ii) Issue writ, order or direction in the nature of mandamus or prohibition or any other writ thereby directing / commanding the Respondents not to pass any coercive action without giving the opportunity of hearing to the petitioner;
iii) Award cost of litigation and also impose an exemplary cost in the favor of the Petitioner and against the Respondents for dragging the Petitioner in litigation for his legitimate claim.”
Page 1 of 2
W.P.(C) 11438/2022
This is a digitally signed order.
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 22/08/2024 at 12:25:43
1985 and since the present writ petition raises issues which are ‘Service Matters’ as defined under Section 3(q) of the said Act, the Central Administrative Tribunal shall be the Court of first instance to adjudicate the disputes in view of the judgment of the Constitution Bench of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261 .
AUGUST 13, 2024
B.S. Rohella/ kks
Page 2 of 2
W.P.(C) 11438/2022
This is a digitally signed order.
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 22/08/2024 at 12:25:43
1 issue framed by the court
Whether the High Court should entertain a service matter petition where the Central Administrative Tribunal has jurisdiction as court of first instance.
Colour shows how this judgement treated each authority
L. Chandra Kumar v. Union of India and OthersApplied¶2
(1997) 3 SCC 261 · Who else cites this
3 provisions across 2 enactments
Pushpendra
Union of India & Ors.
Jyoti Singh
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
