Pinki Rani and Anr. v. Government of NCT of Delhi & Ors.

1. The present Writ Petition under Articles 226 and 227 of the Constitution of India instituted on behalf of the petitioners prays as follows: -

2. The instant writ petition impugns the order dated 18.09.2020, in C.P. No.114/2020 in O.A. No.2302/2019 and M.A. No.1088/2020, passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the ‘learned Tribunal’) whereby benefit of the judgment and order dated 23.01.2020 rendered in the aforesaid O.A. No.2302/2019 has not been extended to the petitioners herein namely, Ms. Pinki Rani and Ms. Jyoti.

3. Mr. A.K. Bhardwaj, learned counsel appearing on behalf of the petitioners invites our attention to the O.A. No.2302/2019 and in particular page No.93 thereof to state that, although Ms. Pinki Rani and Ms. Jyoti, the petitioners herein, were applicants in the said O.A., due to inadvertence of counsel appearing on their behalf, their names did not appear in the Memo of Parties filed in the said O.A.

4. Mr. Bhardwaj, learned counsel states that, in order to correct the inadvertent mistake made on behalf of counsel for the said petitioners, they instituted M.A. No.3924/2019 on 06.12.2019 seeking impleadment in the said O.A. No.2302/2019 by asseverating as follows:- “4. That a typographical error has crept in the memo of parties of the OA as the name of two applicants i.e. Pinki Rani & Jyoti has inadvertently been omitted in the memo of parties. The said name are duly mentioned in the chart on the details of the applicants at para 4.[1] of the OA albeit, the same could not appear in the memo of parties due to a typing mistake.

5. That the mistake/error/omission in advertent and of the same is not corrected shall cause irreparable injury and loss to the applicants.”

5. It is evident that when the said O.A. No.2302/2019 was finally disposed of by the learned Tribunal vide its order dated 23.01.2020, the M.A. No.3924/2019, instituted on behalf of the petitioners herein, had not been adjudicated upon.

6. Subsequently, when the original applicants filed C.P. No.114/2020 in O.A. No.2302/2019, seeking compliance of the directions issued by the learned Tribunal vide the said order dated 23.01.2020, the latter vide the impugned order 18.09.2020 has considered the said M.A. No.3924/2019 and merely observed in that regard as follows:-

7. The solitary grievance urged on behalf of the petitioners herein is that, as a consequence of the impugned order, the petitioners ought to have been impleaded as parties to the said O.A.2302/2019, have not been so impleaded and have, consequently, been denied the benefits of the directions issued in the said O.A.

8. Notice.

9. Mr. Nitesh Kumar Singh, learned counsel accepts notice on behalf of Mrs. Avnish Ahlawat, learned Standing Counsel for Government of NCT of Delhi.

10. Having heard learned counsel appearing on behalf of the parties, the only course that commends itself to us is to direct the learned Tribunal to hear M.A. No.3924/2019, filed on behalf of the petitioners herein in O.A. No.2302/2019, afresh and dispose it of by way of a speaking order, in accordance with law.

11. No further directions are prayed for.