Mani Kumar Rinkesh & Anr vs Govt. Of Nct Of Delhi & Ors
2014 Latest Caselaw 6515 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+                       W.P.(C) 125/2014


                                                 Decided on : 05.12.2014

IN THE MATTER OF:
MANI KUMAR RINKESH & ANR                       ..... Petitioners
                   Through: Mr. Shanker Raju, Advocate with
                   Mr. Nilansh Gaur, Advocate

                        versus

GOVT. OF NCT OF DELHI & ORS                     ..... Respondents

Through: Ms. Latika Choudhary, Advocate for Ms. Avnish Ahlawat, Advocate for R-2/D&SJ.

Mr. Amit Mahajan, CGSC with Mr. Siddhartha Das, Advocate for R-3/UOI.

CORAM HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J.(Oral)

1. The main relief sought by the petitioners is for issuance of

directions to the respondent No.3/Department of Tele-communication (in

short 'DOT'), to allow their repatriation in the respondent No.2/D&SJ.

2. Counsel for the respondent No.2/D&SJ draws the attention of the

court to a letter dated 02.08.2013, issued by the respondent No.3/DOT,

informing the latter that all the officials, who had joined the DOT

including those from the Tis Hazari Courts, Delhi, have successfully

completed their probation period vide order dated 29.07.2013 and were

duly absorbed under the one time absorption process. As a result, they

are deemed as permanent employees of the DOT from the date of their

appointments.

3. A perusal of the aforesaid letter makes it abundantly clear that the

relief sought by the petitioners is mainly directed against the respondent

No.3/DOT and in those circumstances, they ought to have approached

the Central Administrative Tribunal for appropriate relief.

4. Mr. Raju, learned counsel for the petitioners states that as

pleadings in the present petition are complete, the Registry may be

directed to transfer the file of this case to the Central Administrative

Tribunal, for the parties to appear on an appropriate date.

5. In view of the aforesaid submission, while disposing of the present

petition, directions are issued to the Registry to transfer the file of this

case for being placed before the Registrar of the Tribunal on 16.01.2015,

for further proceedings.

6. At this stage, learned counsel for the respondent No.2/D&SJ states

that as the respondent No.2/D&SJ is not governed by the Administrative

Tribunals Act, 1985, she may be granted liberty to seek deletion of the

respondent No.2/D&SJ from the array of parties, before the Tribunal.

7. Leave, as prayed for, is granted. The parties shall appear on the

aforesaid date before the Registrar, Central Administrative Tribunal, for

further proceedings.

                                                   (HIMA KOHLI)
DECEMBER 05, 2014                                     JUDGE
rkb/mk