Mani Kumar Rinkesh and Others vs Govt. of NCT of Delhi and Others

Hima Kohli, J.�The main relief sought by the petitioners is for issuance of directions to the respondent No. 3/Department of Tele-communication (in short ''DOT), to allow their repatriation in the respondent No. 2/D&SJ. Counsel for the respondent No. 2/D&SJ draws the attention of the court to a letter dated 02.08.2013, issued by the respondent No. 3/DOT, informing the latter that all the officials, who had joined the DOT including those from the Tis Hazari Courts, Delhi, have successfully completed their probation period vide order dated 29.07.2013 and were duly absorbed under the one time absorption process. As a result, they are deemed as permanent employees of the DOT from the date of their appointments.

A perusal of the aforesaid letter makes it abundantly clear that the relief sought by the petitioners is mainly directed against the respondent No. 3/DOT and in those circumstances, they ought to have approached the Central Administrative Tribunal for appropriate relief.

Mr. Raju, learned counsel for the petitioners states that as pleadings in the present petition are complete, the Registry may be directed to transfer the file of this case to the Central Administrative Tribunal, for the parties to appear on an appropriate date.

In view of the aforesaid submission, while disposing of the present petition, directions are issued to the Registry to transfer the file of this case for being placed before the Registrar of the Tribunal on 16.01.2015, for further proceedings.

At this stage, learned counsel for the respondent No. 2/D&SJ states that as the respondent No. 2/D&SJ is not governed by, the Administrative Tribunals Act, 1985, she may be granted liberty to seek deletion of the respondent No. 2/D&S3 from the array of parties, before the Tribunal. Leave, as prayed for, is granted. The parties shall appear on the aforesaid date before the Registrar, Central Administrative Tribunal, for further proceedings.