Dharam Vir v. Project Director Department of Rural Development and Anr.

(8) SH DHARAM VIR.....Petitioner Through: Ms. Meghna De, Adv.

VERSUS

PROJECT DIRECTOR DEPARTMENT OF RURAL DEVELOPMENT AND ANR......Respondents Through: Mrs. Avnish Ahlawat, SC for GNCTD alongwith Mr. Tania Ahlawat, Mr. Nitesh Kumar Singh, Advocates. + W.P.(C) 1317/2026 (9) SH DHARAM PAL.....Petitioner Through: Ms. Meghna De, Adv.

VERSUS

PROJECT DIRECTOR DEPARTMENT OF RURAL DEVELOPMENT AND ANR......Respondents Through: Mrs. Avnish Ahlawat, SC for GNCTD alongwith Mr. Tania Ahlawat, Mr. Nitesh Kumar Singh, Advocates. CORAM: HON'BLE MR.

JUSTICE SACHIN DATTA SACHIN DATTA, J. (ORAL)

1. Vide order dated 28.04.2026 passed in W.P.(C) 1317/2026, it was recorded as under:

2. Vide order dated 28.04.2026 passed in W.P.(C) 1283/2026, it was recorded as under:

3. It transpires that despite the aforesaid orders dated 28.04.2026 having been passed, the concerned recovery certificates dated 01.07.2025 bearing nos. F.23 (702)CD/IMP/Lab/2024/2422 [in W.P.(C) 1283/2026] and F.23 (706)CD/IMP/Lab/2024/2423 [in W.P.(C) 1317/2026] issued pursuant to the Award dated 26.03.2024 remains unexecuted.

4. Learned counsel for the respondents/GNCTD submits that the said recovery certificates have been issued against the wrong department, i.e., the Department of Rural Development, GNCTD whereas the same ought to have been issued qua the Department of Revenue, GNCTD.

5. Learned counsel for the petitioner draws attention to the order dated 04.04.2024 passed in MISC DJ 291/2024, wherein cause title of the Award was amended and it was recorded as under:

6. In the above circumstances, this Court is confronted with the spectacle of the GNCTD being unable to execute an award passed against a department of the GNCTD itself.

7. Learned counsel for the GNCTD candidly submits that each department of the GNCTD functions independently. Clearly, there is no system in place to ensure that coercive action by one department against another (by way of issuance of recovery certificates or otherwise) is obviated.

8. Learned counsel for the petitioners submits that in similar situations, directions were issued by a coordinate bench of this Court vide order dated 23.12.2020 in W.P.(C) 5436/2020 and connected matters, to the effect that the salaries of the concerned officials shall not be released till such time as the recovery certificate remains unexecuted.

9. At the present point in time, this Court is refraining from passing the aforesaid directions. However, the Chief Secretary, GNCTD is requested to examine the matter and liaise with the Department of Revenue and the Department of Rural Development (and other Departments, if necessary) to ensure that the GNCTD sets its own house in order, and ensure that the process of execution of the recovery certificate/s in the present cases, as also in other similar cases, is streamlined.