Delhi High Court
Hemlata Mathur And Ors vs Union Of India And Ors on 26 October, 2021
$~17 (2021)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 26.10.2021
+ W.P.(C) 5960/2020
HEMLATA MATHUR AND ORS. ......Petitioners
Through: Mr. Arun Bhardwaj, Senior Advocate
versus
UNION OF INDIA AND ORS. ......Respondents
Through: Mr. Jagjit Singh, Senior panel
counsel for railways with Mr.
Rajeshwar Singh, Advocate
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
RAJIV SHAKDHER, J. (ORAL)
[Court hearing convened via video-conferencing on account of COVID-19]
1. On the previous date i.e., 04.10.2021, the following had been
recorded by us:-
" 1. Counsel for the respondents seek accommodation in the
matter to obtain instructions as to, whether the issue raised
in the instant writ petition is covered by the judgment dated
22.02.2021, passed by the Rajasthan High Court, in
W.P.(C.) No.20910/2019; an aspect, which is, also referred
to, in our order dated 27.08.2021.
2.We may also point out that, Mr. Nikhil Bhardwaj, learned
counsel for the petitioners, seeks to place reliance on
paragraph 12 of the counter-affidavit filed by respondents,
to demonstrate that, even according to the respondents, the
issue raised in the instant petition was identical to the one,
W.P.(C) 5960/2020
Digitally Signed
By:HARIOM
Signing Date:02.11.2021
15:43:01
which was raised before the Division Bench of the
Rajasthan High court.
2.1. It is also contended by Mr. Bhardwaj that, the
aforementioned decision of the Rajasthan High Court, has
already been implemented by the respondents.
2.2. The aforesaid aspects will be examined on the next date
of hearing.
3. List the matter on 26.10.2021".
2. Mr. Jagjit Singh, who appears on behalf of the respondents, has
reverted with instructions.
2.1 Mr. Singh confirms, in no uncertain terms, that the judgment dated
22.02.2021, passed by the Rajasthan High Court in W.P.(C.)
No.20910/2019 has been implemented qua persons, who are parties to the
said case.
2.2 Mr. Singh, on being queried, also confirms that the petitioners' case is
no different from those, who were involved in the matter which was decided
by the Rajasthan High Court.
2.3 Although, Mr. Singh says that, the instant matter should be remitted
to the Central Administrative Tribunal [in short "the Tribunal"], in our view,
no purpose would be served in remitting the matter, at this stage, to the
Tribunal, in view of the stand taken before us, by Mr. Singh, albeit, on
instructions.
3. Accordingly, the impugned order dated 05.09.2016 is set aside.
3.1 The respondents are directed to implement the aforementioned
judgment of the Rajasthan High Court qua the petitioners in the instant
matter, as well.
3.2. Needless to add, the respondents will act due expedition, though not
later than six weeks from the date of receipt of the copy of the order passed
today.
W.P.(C) 5960/2020
Digitally Signed
By:HARIOM
Signing Date:02.11.2021
15:43:01
4. The writ petition is disposed of in the aforesaid terms.
5. The parties will act based on the digitally signed copy of the order.
RAJIV SHAKDHER, J
TALWANT SINGH, J
OCTOBER 26, 2021/at
Click here to check corrigendum, if any
W.P.(C) 5960/2020
Digitally Signed
By:HARIOM
Signing Date:02.11.2021
15:43:01
