Partly allowed

Anis Ahmed v. Government NCT of Delhi & Ors.

Delhi HC14 Oct 2024W.P.(C)/1215/2024

Case brief

AI extract

What is this about?

Petitioner challenged the Tribunal order dismissing his OA as infructuous due to his age. High Court opined that while re-employment till 62 was time-barred, salary claim required meritorious consideration. Petition allowed in parts with remand.

What did the court decide?

Impugned order set aside; matter remanded to Tribunal to decide prayer (iii) after hearing both sides; petition allowed in part.

Anis Ahmed Vs Government NCT of Delhi & Ors. — Pension and Retirement Benefits | Delhi HC (2024)

¶1

$~23

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 1215/2024

¶4

ANIS AHMED .....Petitioner Through: Mr. Pawan Kumar Dhiman, Adv.

¶5

versus

¶6

GOVERNMENT NCT OF DELHI & ORS. .....Respondents Through: Mrs. Avnish Ahlawat, Standing Counsel, GNCTD with Mr. Nitesh Kumar Singh, Ms. Laavanya Kaushik, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advs.

¶7

CORAM:

¶8

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN

¶9

JUDGMENT(ORAL)

¶10

% 14.10.2024

¶11

C. HARI SHANKAR, J.

¶12

1. The impugned order passed by the learned Tribunal reads thus:

¶13

“Perusal of the order sheets indicates that there has been no representation on behalf of either of the parties on the past several dates of listing. We are informed that Mr. Kapil Agnihotri, whose name is reflected in the causelists as the counsel for the respondents is no longer on the panel of GNCTD. Perhaps that explains the repeated non representation. In the circumstances, Mr. Amit Anand, learned advocate, who is on the panel of GNCTD and is present in Court, is called upon to appear and take notice of the proceedings in this O.A.

¶14

The applicant by virtue of the present O.A has sought the following relief(s):-

¶15

“(i) call for the records.

¶16

Signature Not Verified

¶17

Digitally Signed By:HARVINDER KAUR BHATIA Signing Date: 16.1 0.2024 W.P.(C) 1215/2024 14:43:04

¶18

Page 1 of 3

¶19

(ii) direct the respondents to re-employ the applicant forthwith.

¶20

(iii) direct respondent to pay full salary of the post of principal to the applicant with interest @ 12% p.a. w.e.f. 1.4.2019 w.e.f. 01.04.2019 till his re- employment/attained the age of 62 years, in light-of the principles of law laid down by Hon’ble Delhi High Court in aforementioned WPC No.2448/2016 [A/6].

¶21

(iv) allow the OA with cost.

¶22

(v) pass such other and further orders which this Hon’ble Tribunal deem fit and proper in the existing facts and circumstances of the case."

¶23

The applicant, who has appeared in person, has stated that his advocate has become hostile and, therefore, he would like to argue the matter himself. He makes certain wide-ranging allegations against the respondents and submits that the reemployment scheme is marred with irregularities and an honest person like him has been denied appointment.

¶24

While we take note of these statements, we are of the opinion that with the passage of time the relief being sought for has become redundant rendering this O.A. infructuous. Moreover, his prayer is that he should be given re-employment till the age of 62 as per the scheme. Admittedly, he has crossed that age by now.

¶25

In view of the position stated above, the O.A. stands dismissed as having become infructuous.

¶26

There shall be no order as to costs.”

¶27

2. Aggrieved by the aforesaid order, the applicant before the Tribunal is before this Court under Article 226 of the Constitution of India.

¶28

3. We are of the opinion that, while the learned Tribunal is correct in observing that prayer (ii) in the OA had become infructuous with the passage of time, as the petitioner had attained the age of superannuation, prayer (iii) was required to be considered and decided

¶29

Signature Not Verified

¶30

Digitally Signed By:HARVINDER KAUR BHATIA Signing Date: 16.1 0.2024 W.P.(C) 1215/2024 14:43:04

¶31

Page 2 of 3

¶32

on merits.

¶33

4. The learned Tribunal was clearly in error in holding that the entire OA had become infructuous with the passage of time.

¶34

5. Accordingly, we set aside the impugned order dated 17 July 2023 and remand the matter to the learned Tribunal to take a decision on prayer (iii) in the OA after hearing both sides in accordance with law as expeditiously as possible.

¶35

6. The petition is allowed to the aforesaid extent.

¶36

C. HARI SHANKAR, J.

¶37

DR. SUDHIR KUMAR JAIN, J.

¶38

OCTOBER 14, 2024/ N Click here to check corrigendum, if any

¶39

Signature Not Verified

¶40

Digitally Signed By:HARVINDER KAUR BHATIA Signing Date: 16.1 0.2024 W.P.(C) 1215/2024 14:43:04

¶41

Page 3 of 3

Anis Ahmed v. Government NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Anis Ahmed v. Government NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Robotech India Private Limited Vs Union of India & Ors.

Cms It Services Private Limited Vs Union of India & Ors.

Satish Sharma Vs MCD & Ors.

Mukesh and Ors. Vs Secreatry Labour Govt of India and Anr.

Fareeda Jalal Vs Union of India and Ors.

M/S Paras Lubricants Ltd. Vs Punjab National Bank & Ors.

Primatel Fibcom Ltd. Vs Gail (India) Limited

Sh. R.S. Meena Vs North Delhi Municipal Corporation and Ors.

Union of India Vs Anand Mohan Sharan & Anr.

M/S Ajit Motos Vs Nem Singh

Ankur Kumar Vs Central Bureau of Investigation and Anr.

Staff Selection Commission & Ors. Vs Shivam Kumar

Mr. Salees Ahmed Niyazi and Ors. Vs UOI and Ors.

Dal Singh and Ors. Vs Union of India and Ors.