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HIGH COURT OF DELHI
Date of Decision: 01.05.2025
TARUN LATA .....Petitioner
Through: Mr.Ashok Kumar Sharma, Sr.
Adv.
Gaur, Advs
Through: Mr.Anand Prakash, SC, Ms.Varsha Arya, Adv.
HON'BLE MS. JUSTICE MINI PUSHKARNA NAVIN CHAWLA, J. (ORAL)
JUDGMENT
1. Allowed, subject to all just exceptions. W.P.(C) 5725/2025
2. 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 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:-
3. 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.
4. 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.
5. 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 16.04.2025 to the case of the petitioners.
6. 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.
7. 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.
8. 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.
9. The present petition is disposed of in the above terms.
NAVIN CHAWLA, J MINI PUSHKARNA, J MAY 1, 2025/Arya/DG Click here to check corrigendum, if any