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Tribunals and CommissionsDivision Bench(2019) 03 CAT CK 0081

Neeraj Kumar vs North Delhi Municipal Corporation And Other

Central Administrative Tribunal · Decided on 12 March 2019

HON’BLE JUDGES
L. Narasimh Reddy, J · Mohd. Jamshed, J
CASE NUMBER
CP No. 111, 112, 113, 114, 115, 116, 117 Of 2019, 497 Of 2018 With Original Application No. 2390, 2506, 2543, 2578, 2618, 2880, 2878 Of 2016

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Judgment

6 paragraphs · 331 words

L. Narasimha Reddy, Chairman, J

1.

In this batch of contempt cases, the petitioners complain that the respondents did not implement the directions issued by the Tribunal in the common judgment dated 22.03.2018 in OA No. 2390/2016 and batch. Through the said judgment, this Tribunal declared that the stipulation of certain qualifications as to experience, for the post of Drug Inspector, is impermissible in law.

2.

Identical OAs were filed before various Benches of the Tribunal. Following the judgment dated 22.03.2018, in OA No.2390/2016 and batch, the Hyderabad Bench of the Tribunal allowed the OA No.792/2016 on 25.04.2018. It is brought to our notice that the respondents filed WP(C) No.38693/2018 before the Hon'ble High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, challenging the order in OA No.792/2016 and in IA No.1 of 2018, and the Division Bench of Hon'ble High Court suspended the operation of the order in the said OA. It is stated that the respondents filed individual Writ Petitions against the OA No.2390/2016 and batch in the Hon'ble Delhi High Court.

3.

We heard Shri Hitendra Nath Rath and Ms. Deepika Kumari, learned counsel for applicants and Shri Naresh Kaushik and Shri Vijendra Singh, learned counsel for respondents, at some length.

4.

The subject matter of OA No.2390/2016 and batch on the one hand and OA No.792/2016, on the file of the Hyderabad Bench is identical and the result was also uniform. Once the Hon'ble High Court has suspended the operation of the judgment in one of the OAs, it becomes almost impermissible to compel the respondents to implement the directions issued in various OAs. The petitioners can pursue the remedies depending upon the outcome of the Writ Petition No.38693/2018 or the Writ Petitions, that are now pending before the Hon'ble Delhi High Court.

5.

We, therefore, close the contempt cases, leaving it open to the petitioners to pursue the remedies depending upon the outcome of the respective Writ Petitions.