Delhi High Court
Shakti Singh Arya & Anr. vs Union Of India & Anr. on 10 March, 2022
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 10.03.2022
+ W.P.(C) 4069/2022 & CM No.12107/2022
SHAKTI SINGH ARYA & ANR. ..... Petitioners
Through Mr Arun Khatri, Advocate.
versus
UNION OF INDIA & ANR. ..... Respondents
Through Ms Beenashaw N. Soni, Advocate.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE JASMEET SINGH
[Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J. (ORAL):
CM No.12108/2022
1. Allowed, subject to just exceptions.
W.P.(C) 4069/2022 & CM No.12107/2022[Application filed on behalf of
the petitioners seeking interim relief]
2. This writ petition is directed against an interlocutory order dated
28.02.2022, passed by the Central Administrative Tribunal [in short "the
Tribunal"] in OA No.2793/2021.
3. Issue notice.
3.1. Ms Beenashaw N. Soni accepts notice on behalf of the
respondents/UOI.
Signature Not Verified
By:ATUL JAIN
Signing Date:14.03.2022
11:46:18
4. In view of the directions that we propose to pass, according to us, no
counter-affidavit is required.
5. Accordingly, with the consent of the counsel for the parties, the writ
petition is taken up for hearing and final disposal, at this stage itself.
6. Mr Arun Khatri, who appears on behalf of the petitioners, says that
the Tribunal declined the prayer made for interim relief, without setting out
any reasons.
6.1. A perusal of the impugned order shows that the main matter [i.e., OA
No.2793/2021] is listed before the concerned bench of the Tribunal on
30.03.2022.
6.2. We may indicate that the principal grievance of the petitioners is that
cadre allocation is not being carried out, in terms of the reservation category
in which the petitioners fall.
6.3. The petitioners, we are told, fall in the Economically Weaker Section
(EWS) category.
7. Since the main matter is listed for hearing shortly, we have asked Mr
Khatri as to what is the apprehension of the petitioners.
7.1. Mr Khatri says that the Tribunal has not even indicated in the
impugned order that the cadre allocation, if made during the pendency of the
OA, will be subject to the final outcome in the OA.
7.2. Ms Soni, who appears on behalf of the respondents, says the principle
of lis pendens will apply, and if this court were to issue a direction to that
effect, the respondents cannot have any objection.
8. Accordingly, the writ petition is disposed of with the direction that
any steps taken hereafter by the respondents concerning cadre allocation,
will be subject to the final outcome in the O.A. [i.e., OA No.2793/2021].
Signature Not Verified
By:ATUL JAIN
Signing Date:14.03.2022
11:46:18
8.1. The impugned order of the Tribunal dated 28.02.2022 shall stand
modified, to that extent.
9. Consequently, pending application shall stand closed.
RAJIV SHAKDHER, J
JASMEET SINGH, J
MARCH 10, 2022/rb
Click here to check corrigendum, if any
Signature Not Verified
By:ATUL JAIN
Signing Date:14.03.2022
11:46:18
