Tarun Lata Vs Municipal Corporation of Delhi — Delhi HC (2025) — LawSathi Research

Tarun Lata Vs Municipal Corporation of Delhi — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with the O.A. remanded to the learned Tribunal for fresh determination on merits, including consideration of the applicability of the Judgment dated 16.04.2025 in W.P.(C) 8501/2024; O.A. restored to its original number; hearing expedited preferably within a month of first listing; parties to appear before the Tribunal on 20.05.2025; the Tribunal's order dated 04.03.2025 to continue as an interim order till final adjudication; all contentions of the respondents left open.

Issue for consideration

Whether the learned Tribunal could dispose of O.A. No. 3031/2019 on the basis of the interim order dated 31.05.2024 passed in W.P.(C) 8501/2024 without even waiting for the final disposal of that writ petition. +1 more

Court's answer

The learned Tribunal ought not to have disposed of the O.A. based on the interim order passed in W.P.(C) 8501/2024 without waiting for its final disposal; the matter was therefore remanded to the learned Tribunal for determination of the O.A. on merits.

Ratio / Principle

The effect of the dismissal of W.P.(C) 8501/2024 vide Judgment dated 16.04.2025 on the petitioners' case, including the applicability of that judgment, has to be considered by the learned Tribunal.

Key takeaways

The Court's opinion that the petitioners' case would be covered by the judgment passed in W.P.(C) 8501/2024 is only prima facie in nature; all contentions of the respondents remain open to be adjudicated before the learned Tribunal.obiter¶¶29
O.A. No. 3031/2019 is restored to its original number; the parties shall appear before the learned Tribunal on 20.05.2025; the Tribunal's impugned order shall be treated as an interim order continuing till final adjudication of the O.A.; the Tribunal is requested to expedite the hearing and decide preferably within a month of first listing.ratio¶¶30

Detailed headnote1 paragraphs

Delhi High Court (Navin Chawla and Mini Pushkarna JJ.) held that the Central Administrative Tribunal, Principal Bench, erred in disposing of O.A. No. 3031/2019 (Tarun Lata v. Municipal Corporation of Delhi, an O.A. filed by MCD) by order dated 04.03.2025 solely in terms of the interim order dated 31.05.2024 in W.P.(C) 8501/2024 (the challenge to the decision in Anita Kumari), without waiting for the final disposal of that writ petition. Since W.P.(C) 8501/2024 had meanwhile been dismissed by a Coordinate Bench vide Judgment dated 16.04.2025, the effect of that dismissal, and the applicability of the judgment to the petitioners, had to be considered by the Tribunal. The O.A. was restored to its original number and remanded for fresh adjudication on merits, with the hearing expedited preferably within a month of first listing; the Tribunal's order was directed to operate as an interim order till final adjudication; all contentions of the respondents were left open, the Court's prima facie view being that the petitioners' case would be covered by the judgment in the writ petition. Petition disposed of; CM APPL. 26065/2025 (exemption) allowed subject to just exceptions.

$~97

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 01.05.2025

W.P.(C) 5725/2025 TARUN LATA .....Petitioner Through: Mr.Ashok Kumar Sharma, Sr. Adv. with Mr.Vikalp Mudgal,Mr.Kshitij Mudgal, Ms.Sakshi Gaur, Ms.Muskan Gaur, Advs

versus

MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr.Anand Prakash, SC, Ms.Varsha Arya, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MINI PUSHKARNA

NAVIN CHAWLA, J. (ORAL)

CM APPL. 26065/2025 (Exemption)

Allowed, subject to all just exceptions.

W.P.(C) 5725/2025

This petition has been filed by the petitioner, challenging the Order dated 04.03.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as ‘learned Tribunal’) in O.A. No. 3031/2019, titled Tarun Lata v. Municipal Corporation of Delhi ., disposing of the O.A. filed by the respondent herein in the following terms:

“4. On the other hand, learned counsel for the

Signature Not Verified

Digitally Signed WP(C) 5725/2025 By:RENUKA NEGI Signing Da te:0 7.05.2025 19:20:36

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respondents also points out that the decision in the case of Anita Kumari (supra) is a subject matter of challenge pending before the Hon’ble High Court of Delhi in W.P.(C) 8501/2024 dated 31.05.2024, where following order was passed:-

“11. Having considered the submissions of learned counsel for the parties and perused the records, we dispose of the application by directing that while the operation of the impugned order will remain stayed during the pendency of the present petition, the petitioner will maintain status quo qua the services of the respondent as existing today. Consequently, her services will not be dispensed with until the final disposal of the O.A. whereafter, the parties will be bound by the orders passed by the learned Tribunal/Court.”

5. In view of the same, the present matter is also disposed of in terms of the direction(s) as continued in para no. 11 above, passed by the Hon’ble High Court of Delhi in W.P.(C) 8501/2024 dated 31.05.2024, subject to outcome of the case of Anita Kumari (supra). 6. Accordingly, the OA stands disposed of. All pending MAs, if any, also stand disposed of.”

It is strange that the learned Tribunal has disposed of the O.A. based on the interim order passed by this Court in W.P.(C) 8501/2024, without even waiting for the final disposal of the said writ petition.

It is a matter of record that the said writ petition was dismissed by the Coordinate Bench of this Court, vide its Judgment dated 16.04.2025. The effect of such dismissal on the case of the petitioners has to be considered by the learned Tribunal.

Accordingly, we have no option but to remand the matter back to the learned Tribunal for a determination of the O.A. on merits, including consideration of the applicability of the Judgment dated

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16.04.2025 to the case of the petitioners.

As the learned Tribunal has already given a prima facie opinion that the case of the petitioners would be covered by the Judgment passed in the writ petition, we request the learned Tribunal to expedite the hearing of the OA and decide the same preferably within a month of first listing.

Needless to state, our above opinion is only prima facie in nature, and all contentions of the respondents shall remain open to be adjudicated before the learned Tribunal in such hearing.

Keeping in view of the above, the O.A. is restored to its original number. The parties shall appear before the learned Tribunal on 20.05.2025. The impugned order passed by the learned Tribunal shall be considered as an interim order and shall continue till the final adjudication of the OA.

The present petition is disposed of in the above terms.

NAVIN CHAWLA, J

MINI PUSHKARNA, J

MAY 1, 2025/Arya/DG

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Signature Not Verified

Digitally Signed WP(C) 5725/2025 By:RENUKA NEGI Signing Da te:0 7.05.2025 19:20:36

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