Parveen Kaushik vs Union Of India & Ors
2016 Latest Caselaw 5145 Del

$~24.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 4660/2016
%                                      Judgment Dated: 4th August, 2016
       PARVEEN KAUSHIK                                    ..... Petitioner
                   Through :           Mr.U. Srivastava, Adv.

                          versus

       UNION OF INDIA & ORS                             ..... Respondents

Through : Mr.Jagjit Singh, Mr.Preet Singh and Mr.Kiran Kaushik, Advs. for the respondents.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE I.S. MEHTA

G.S.SISTANI, J (ORAL)

1. Challenge in this writ petition is to the order dated 22.12.2015 passed by the Central Administrative Tribunal (hereinafter referred to in short as „the Tribunal‟) by which the OA filed by the petitioner stands dismissed.

2. The petitioner herein had appeared for recruitment for Grade-D post as advertised by the Railway Recruitment Cell, Northern Railway. He was issued an admit card and had appeared in the written test, physical test and was medically examined. However, when the final results were declared, he was declared unsuccessful on the ground "case rejected by experts".

3. The petitioner filed an OA for setting aside and quashing the action of the respondents and directing the respondents to consider his appointment to the Grade-D post in the Northern Railway as per the employment Notification dated 30.8.2012. He had also prayed for

consequential benefits.

4. Learned counsel for the petitioner submits that identical matters being W.P.(C). Nos.4379/2016 and 4396/2016, arising out of the impugned order, have been remanded back to the Tribunal by a Division Bench of this Court vide Order dated 26.5.2016 with a direction to the Tribunal to hear the matters afresh with reference to the factual background and matrix of each case and, if required, the records shall be produced by the respondents. Counsel further submits that following the order dated 26.5.2016, this Court had also remanded an identical matter, being W.P.(C) 6173/2016 to the Tribunal.

5. Learned counsel for the respondents does not dispute that three writ petitions have been disposed of in identical matters.

6. Accordingly, we quash the impugned order dated 22.12.2015 passed by the Tribunal regarding the petitioner herein and remand the matter back to the Tribunal. The Tribunal will hear the matter afresh with reference to the factual background of this case. Parties shall appear before the Tribunal on 6.9.2016, when connected matters are stated to be listed.

7. The writ petition is disposed of accordingly.

8. We clarify that we have not expressed any opinion on the merits of the case and the observations made above are only for disposal of the present writ petition.

G.S.SISTANI, J

I.S. MEHTA, J AUGUST 04, 2016 msr