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HIGH COURT OF DELHI
Date of Decision: 11.08.2025
LIEUTENANT GOVERNOR OF DELHI AND ORS .....Petitioners
Through: Mrs. Avnish Ahlawat, SC, GNCTD
Through: Mr. Divesh Singh, Mr. S. Singh and Mr. R. K. Shukla, Advocates.
LIEUTENANT GOVERNOR OF DELHI AND ORS .....Petitioners
Through: Mrs. Avnish Ahlawat, SC, GNCTD
Through: Mr. Divesh Singh, Mr. S. Singh and Mr. R. K. Shukla, Advocates.
HON'BLE MS. JUSTICE MADHU JAIN O R D E R 11.08.2025
NAVIN CHAWLA, J. (ORAL)
JUDGMENT
1. These petitions have been filed challenging the Order dated 23.04.2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as „the Tribunal‟) in OA No. 297/2023 and 298/2023, titled Ms. Richa Chauhan & Ors. v. Lieutant Governor of Delhi & Ors., and Saurabh Kumar & Anr. vs. Lieutant Governor of Delhi & Ors., respectively.
2. The said OAs have been disposed of by the learned Tribunal with the following directions:
3. On 27.02.2025, the learned counsel for the petitioner had placed reliance on a letter dated 22.02.2025, addressed by the Additional Medical Superintendent, Dr. Baba Saheb Ambedkar Hospital, GNCTD to the learned Standing Counsel of the petitioner, stating that no personnel was required for the post of a Hospital Manager as they had sufficient regular cadre officers/DASS officers/planning cadre officers, and doctors, who could perform the task effectively. This Court, therefore, directed the petitioners to file an affidavit to this effect.
4. Pursuant to the said directions, the petitioners have filed an affidavit dated 13.03.2025, inter-alia, stating as under:
Competent Authority and also copy of the decision taken.
10. That after the Hon'ble Lt. Governor did not give any extension to the contractual engagement beyond 30.06.2022, the Principal Secretary (Health) after reassessing and considering the fact that Health and Family Welfare Department, GNCTD does not require post of Hospital Manager, necessary order has been passed. Photocopy and typed copy is enclosed as Annexure-D (colly).”
5. In view of the above stand of the petitioners, in our view, the present petitions have been rendered infructuous, inasmuch as the learned Tribunal has, vide its Impugned Order only directed that the respondents shall be continued on contract basis “as long as there is work available”. Now that the petitioners are taking a stand that there is no work available for such contractual employees, and there is no necessity for hiring the hospital Superintendent (Hospital Manager), the direction passed by the learned Tribunal has worked itself out. The learned Tribunal had further directed that while the petitioners are free to go ahead with the recruitment process for all remaining vacancies for the above post, the respondents shall continue till such vacancies are filled up on regular basis. As the petitioners are not making any recruitment, even this direction has worked itself out.
6. The learned counsel for the respondents submits that in a writ petition, being WP (C) 8548/2017, and other connected Writ Petitions, which are pending before this Court, the issues and problems faced by the hospitals run by the GNCTD of Delhi are being considered. Necessity of hiring Superintendent (Hospital Manager) is also being considered in these petitions.. We make it clear that the disposal of the present writ petitions will have no effect on the said petitions, or in fact, any entitlement of the respondents that may flow from the Impugned Order.
7. The petitions, along with the pending applications, are disposed of, recording the above statement of the petitioners, and with the above clarifications.
NAVIN CHAWLA, J MADHU JAIN, J AUGUST 11, 2025 Ssc/VS