Vidya Rajkumar Galave v. Union of India and Anr

Delhi High Court · 06 Aug 2025 · 2025:DHC:6585-DB
C. Hari Shankar; Om Prakash Shukla
W.P.(C) 11787/2025
2025:DHC:6585-DB
administrative petition_dismissed

AI Summary

The High Court held that a writ petition seeking compassionate appointment to a civilian post in defence services is not maintainable before it and must be filed before the Central Administrative Tribunal under Section 19 of the Administrative Tribunals Act, 1985.

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W.P.(C) 11787/2025
HIGH COURT OF DELHI
W.P.(C) 11787/2025
VIDYA RAJKUMAR GALAVE .....Petitioner
Through: Mr. Durgesh Gupta, Adv.
VERSUS
UNION OF INDIA AND ANR .....Respondents
Through: Mr. Tanveer Ahmed Ansari, SPC
WITH
Mr. Hilal Haider, GP
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER (ORAL)
06.08.2025 C.HARI SHANKAR, J.
JUDGMENT

1. Mr. Tanveer Ahmed, appearing for the respondents, submits that this petition would not be maintainable before this Court as the compassionate appointment that the petitioner seeks is to a civilian post in defence services which would be amenable to jurisdiction of the Central Administrative Tribunal[1] in terms of Section 19 of the Administrative Tribunals Act, 1985.

2. In that view of the matter, keeping in mind the judgment of the Supreme Court in L Chandra Kumar v UOI[2], Mr. Durgesh Gupta, learned Counsel for the petitioner, seeks leave to withdraw this petition with liberty to move the Tribunal by way of an appropriate original application. “Tribunal” hereinafter

3. Leave and liberty is granted as aforesaid. The petition is disposed of as withdrawn.

C.HARI SHANKAR, J. OM PRAKASH SHUKLA, J. AUGUST 6, 2025