Disposed¶19

Rekha Devi v. Union of India and Others & Ors.

Delhi HC15 Apr 2026W.P.(C)/4944/2024

Case brief

AI extract

What is this about?

Writ petition under Article 226 jurisdiction (W.P.(C) 4944/2024) before the High Court of Delhi; challenge to Tribunal order on grounds of factual errors; withdrawal with liberty to seek review after expiry of limitation; protection that review filed within 10 days be decided on merits and not dismissed on limitation; reference to Order XLVII CPC and Section 22(3)(f); compassionate appointment; no opinion on merits; disposed of.

What did the court decide?

Permission to withdraw the writ petition with liberty to move the Tribunal for review; a review application filed within 10 days to be decided on merits and not dismissed on limitation. ¶19

Rekha Devi Vs Union of India and Others & Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition with liberty to move the Tribunal for review; a review application filed within 10 days to be decided on merits and not dismissed on limitation.

¶19

Issue for consideration

Whether the writ petition should be permitted to be withdrawn with liberty to seek review before the Tribunal, notwithstanding that the period of limitation for review had expired.

¶12

Court's answer

As a matter of indulgence, since the case deals with someone granted compassionate appointment, the petitioner is allowed to withdraw the writ petition with liberty to move the Tribunal for review.

¶12

Ratio / Principle

If the review application is filed within a period of 10 days from the date of the order, it shall be decided on merits and shall not be dismissed on limitation.

¶16

Key takeaways

The Court has not expressed any opinion on the merits of the case or on the merits of any review petition that may be filed.ratio¶17
While deciding the review application, the Tribunal shall keep in mind the provisions of Order XLVII of the CPC, which apply to the Tribunal in view of Section 22(3)(f).ratio¶18

Detailed headnote1 paragraphs

Delhi High Court (Coram: C. Hari Shankar and Om Prakash Shukla, JJ.), order dated 15.04.2026 in W.P.(C) 4944/2024, Rekha Devi v. Union of India & Ors.: Counsel submitted there were factual errors in the impugned order of the Tribunal but conceded that the time for seeking review had expired. As the case dealt with a person granted compassionate appointment, the Court, as a matter of indulgence, permitted the petitioner to withdraw the writ petition with liberty to move the Tribunal for review, directing that if the review application is filed within 10 days it shall be decided on merits and not dismissed on limitation. The Tribunal was directed to keep in mind the provisions of Order XLVII of the CPC, applicable to the Tribunal by virtue of Section 22(3)(f). The Court expressly recorded that it had not expressed any opinion on the merits of the case or of any review petition. Writ petition disposed of accordingly.

Rekha Devi v. Union of India and Others & Ors.

Case brief

What is this about?

What did the court decide?

Rekha Devi v. Union of India and Others & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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