Sangeeta Patel & Ors. v. Govt. of NCT of Delhi & Ors.

Delhi High Court · 07 Aug 2025 · 2025:DHC:6643-DB
C. Hari Shankar; Om Prakash Shukla
W.P.(C) 4477/2024
2025:DHC:6643-DB
administrative other

AI Summary

The Delhi High Court transferred a writ petition concerning Physiotherapists' service matters to the Central Administrative Tribunal, recognizing the Tribunal's exclusive jurisdiction under Section 19 of the Administrative Tribunals Act, 1985.

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W.P.(C) 4477/2024
HIGH COURT OF DELHI
W.P.(C) 4477/2024
SANGEETA PATEL & ORS. .....Petitioners
Through: Ms. Tanya Agarwal, Adv.
VERSUS
GOVT. OF NCT OF DELHI & ORS. .....Respondents
Through: Mrs. Avnish Ahlawat, SC
WITH
Mr. Nitesh Kumar Singh, Adv. for GNCTD
Ms. Nidhi Kumar, Adv. for MCD
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER (ORAL)
07.08.2025 C. HARI SHANKAR, J.
JUDGMENT

1. A preliminary objection has been advanced by learned Counsel for the respondents that the lis in this case is amenable to adjudication by the Central Administrative Tribunal[1] in terms of Section 19 of the Administrative Tribunals Act, 1985.

2. Ms. Tanya Agarwal, learned Counsel for the petitioner does not dispute this position.

3. In the circumstances, we dispose of this writ petition by allowing it to be transferred to the Tribunal so as to obviate the requirement of filing the pleadings all over again. “the Tribunal”, hereinafter

4. We note the fact that the pleadings in this writ petition are complete. Ms. Tanya Agarwal, learned Counsel for the petitioners also submits that in such circumstances, the Tribunal may be directed to hear the matter finally as pleadings are complete. We leave that to the Tribunal but note the submission of Ms. Tanya Agarwal.

5. We also note the fact that the petition raises an issue of substantial importance and it impacts the entire cadre of Physiotherapists in the GNCTD as well as other Municipal Authorities. We, therefore, request the Tribunal to treat it with the requisite urgency.

6. We direct the Registry to transmit the record of this writ petition to the Registry of the Tribunal as expeditiously as possible within a period of one week from today. We also direct the parties to appear before concerned Bench of the Tribunal on 22 August 2025.

7. Learned Counsel for the parties undertake that they would not seek any adjournment on the said date.

8. The writ petition would be treated as an Original Application, appropriately numbered by the Registry of the Tribunal and disposed of by the Tribunal in accordance with law after hearing the parties.

9. We reiterate our requests that the matter may be treated as urgent.

10. The writ petition is disposed of in the aforesaid terms.

C.HARI SHANKAR, J. OM PRAKASH SHUKLA, J. AUGUST 7, 2025