WPSS/566/2021
2021 Latest Caselaw 1702 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                     COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      20.05.2021                        WPSS No. 565 of   2021
                                        WPSS No. 566 of   2021
                                        WPSS No. 567 of   2021
                                        Hon'ble Sharad    Kumar Sharma, J.

Mr. Mahendra Singh Rawat, Advocate for the petitioner.

Mr. Virendra Kaparwan, Standing Counsel for the Union of India.

These are three writ petitions, which entail consideration of a common question of fact and law. In fact, the order, which has been put to challenge by the petitioners, is that of 12.11.2020, which has been passed by the respondent no. 2, whereby, the petitioners' services, who contend that they were appointed as MT Driver bearing M.T. No. 1479, 1478 and 1480 respectively in the writ petition had been removed from their services from the said post.

The petitioners have simultaneously sought their reinstatement into the services.

Admittedly, as per the documents, which has been placed on record, the proceedings were conducted against the petitioners and ultimately their services were dispensed with by the impugned order dated 12.11.2020. It is an admitted case of the petitioners that under the Central Civil Services (Classification Control and Appeal Rules of 1965), which governs their service conditions, they have already preferred an appeal under Rule 23 of the CCS Rules, 1965, before respondent no. 2, and the same is still pending consideration, ever since its filing on 26.12.2020 and the same has not yet been decided.

Since the petitioner himself has already approached the appropriate appellate forum provided to him under the rules applicable and governing his service conditions and those appeals are yet to be decided on merit, it may not be appropriate for this court to venture into the order of termination at this stage before exhaustion of the appellate remedy.

In that eventuality, these writ petitions are being disposed of with the request to respondent no. 2; before whom admittedly the appeals of the petitioners are pending consideration to decide the same, as expeditiously as possible, but not later than four months from the date of production of certified copy of this judgment.

Subject to the above, these writ petitions stand disposed of.

(Sharad Kumar Sharma, J.) 20.05.2021

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