Petitioner sought mandamus directing DTC to extend free medical facilities to retired employees under Delhi Govt. Employees health schemes. The court dismissed the writ petition as it was not amenable to Delhi HC jurisdiction under Art 226.
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DTC SEWANIVRIT KARAMCHARI SANGH .....Petitioner Through: Mr. Durgesh Kumar Sharma, Advocate.
versus
DTC AND ORS. .....Respondents Through: Mrs. Avnish Ahlawat, Standing Counsel with Mr. N.K. Singh, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates for R-1. Mr. Sameer Vashisht, ASC with Ms. Harshita Nathrani, Advocate for R-2 and R-4 Mr. Durgesh Kumar Sharma, Advocate. Mr. Syed Abdul, Central Government Standing Counsel for UOI.
CORAM:
HON’BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 14.11.2024
C.M. APPL. 66459/2024
W.P.(C) 15833/2024 & C.M. APPL. 66460/2024
Article 226 of the Constitution of India seeking the following relief:-
“(i) To issue a writ of mandamus or any suitable writ in the interest of justice thereby directing the respondents to extend the benefits of free/cashless medical facilities to the retired employees of DTC under Delhi govt. Employees health schemes (DGEHS).”
W.P.(C) 15833/2024
page 1 of 2
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 18/11/2024 at 12:59:52
JYOTI SINGH, J
NOVEMBER 14, 2024/shivam
W.P.(C) 15833/2024
page 2 of 2
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 18/11/2024 at 12:59:52
2 issues framed by the court
Whether the Delhi High Court has jurisdiction to entertain the writ petition under Article 226 of the Constitution of India given that the relief is sought against DTC.
Whether the petition should be dismissed in favor of the Administrative Tribunal under Section 14 of the Administrative Tribunal Act, 1985.
Colour shows how this judgement treated each authority
L. Chandra Kumar v. Union of India and OthersApplied¶22
L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261 · Who else cites this
2 provisions across 2 enactments
DTC Sewanivrit Karamchari Sangh
DTC
Union of India
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
