Dr Ak Singla vs Union Of India & Ors.
2020 Latest Caselaw 2346 Del

#3
       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Judgment Delivered On: 05.08.2020

W.P.(C) 4929/2020

DR AK SINGLA                                           .....Petitioner


                                  versus



UNION OF INDIA & ORS.                                  ......Respondents



Advocates who appeared in this case:
For the Petitioner          : Mr. Rajeev Sharma and Mr. Sharad Chand
                              Srivastav, Advocates

For the Respondents        : Mr. Dev P. Bhardwaj, CGSC


CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH

                               JUDGMENT

SIDDHARTH MRIDUL, J. (via Video Conferencing)

CM APPL.17803/2020 (Exemption)

Exemption granted subject to all just exceptions.

The application is disposed of accordingly.

CM APPL.17809/2020 (Exemption)

The present application under Section 151 of the Code of Civil

Procedure, 1908 has been filed on behalf of the applicant/petitioner

seeking exemption from filing duly attested affidavits by Oath

Commissioner in support of the accompanying writ petition, as well

as, applications.

For the reasons stated in the application and in view of the

present prevailing situation, the same is allowed. The

applicant/petitioner is allowed to file the duly signed and attested

affidavits within a period of one week from the date of resumption of

regular functioning of the Court.

With the above direction, the present application is disposed of.

CM APPL. 17810/2020 (Exemption)

The present application under Section 151 of the Code of Civil

Procedure, 1908 has been filed on behalf of the applicant/petitioner

seeking exemption from filing the requisite court fees.

For the reasons stated in the application and in view of the

present prevailing situation, the same is allowed. The

applicant/petitioner is allowed to file the requisite court fee within a

period of 72 hours from the date of resumption of regular functioning

of the Court.

With the above direction, the present application is disposed of.

W.P.(C) 4929/2020 & CM APPL.17804/2020 (Directions)

1. The present writ petition under Articles 226 and 227 of the

Constitution of India instituted on behalf of the petitioner challenging

the orders dated 12.03.2020 passed by the Hon'ble Central

Administrative Tribunal, Principal Bench, New Delhi in O.A.

No.3940/2017, prays as follows:

"(i) To issue a writ of the nature of certiorari and set aside the impugned order dated 12.03.2020 in O.A. No.3940/2017 as illegal and unconstitutional;

(ii) To issue a writ of the nature of mandamus issuing direction to the respondents that petitioner is entitled to remained in service up till the age of 65 years;

(iii) To issue direction to the respondents to grant all the consequential benefits to the petitioner;

(iv) The Hon'ble Court may pass any other order/direction as deemed fit and proper in the facts and circumstances of the present case."

2. After some arguments, Mr. Rajeev Sharma, learned counsel

appearing on behalf of the petitioner limits the relief in the present

proceedings to a direction to the Union of India, Ministry of

Agriculture, Department of Animal Husbandry Dairying and

Fisheries/respondent No.3, to respond to a representation that he

proposes to make to the latter on the subject of the raising the age of

retirement of Veterinary Doctors to 65 years in parity with the age of

retirement, as extended to the Medical Doctors.

3. Issue notice.

4. Mr. Dev P. Bhardwaj, learned Central Government Standing

Counsel accepts notice on behalf of the Union of India.

5. Having heard learned counsel appearing on behalf of the parties

and perused the record, it is directed that if the petitioner makes a

representation, as afore-stated, within a period of one week from

today, the Competent Authority may consider the same in accordance

with law and respond to the same under intimation to the petitioner by

way of a speaking order, as expeditiously as possible and preferably

within a period of eight weeks from today.

6. No further directions are called for.

7. With the above directions, the present writ petition is disposed

of. The pending application also stands disposed of.

8. A copy of this order be provided electronically to counsel

appearing on behalf of the parties and be also uploaded on the website

of this Court.

SIDDHARTH MRIDUL (JUDGE)

TALWANT SINGH (JUDGE)

AUGUST 05, 2020 dn/as

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