Delhi High Court - Orders
Neelam Sharma And Others vs Union Of India And Others on 5 August, 2021
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Talwant Singh
$~20 (2021)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7819/2021
NEELAM SHARMA AND OTHERS ..... Petitioners
Through: Mr. MK Bhardwaj & Mr. MD Jangra,
Advocates.
versus
UNION OF INDIA AND OTHERS ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 05.08.2021 [Court hearing convened via video-conferencing on account of COVID-19] CM APPL. 24323/2021
1. Allowed, subject to just exceptions.
W.P.(C) 7819/2021 & CM APPL. 24322/2021 [Application on behalf of the petitioners under Section 151 of Code of Civil Procedure, 1908, for seeking stay on order dated 7/11.06.2021 passed by respondent no.4.]
2. This writ petition is directed against the order dated 19.07.2021, passed by the Central Administrative Tribunal (in short 'the Tribunal') in CP. no. 125/2021.
3. The petitioners before this Court contend that they had filed an action before the Tribunal qua their wrongful reversion. The reversion order was passed on 19.10.2020. The reversion order impacted the petitioners, inasmuch those who were promoted to the post of Lady Health Visitor W.P.(C) 7819/2021 Page 1 of 2 Signature Not Verified Digitally Signed By:HARIOM Signing Date:09.08.2021 15:14:24 (LHV) were reverted to the post of Auxiliary Nurse Midwife (ANM).
4. The Tribunal, vide order dated 22.10.2020, set aside the order of reversion dated 19.10.2020, principally on the ground that the petitioners were not heard before passing the order of reversion.
5. Mr. Bhardwaj says that since respondent no. 4 passed a fresh order on 07/11.06.2021 [ostensibly, in compliance with the order of the Tribunal dated 22.10.2020], albeit, without hearing the petitioners, they approached the Tribunal via the aforementioned contempt petition. 5.1. Therefore, the contention of Mr. M.K. Bhardwaj is that the Tribunal has wrongly closed the contempt petition, without having the respondents comply with its direction contained in its order dated 22.10.2020.
6. Issue notice to the respondents via all permissible modes, including e- mail.
7. List the matter on 18.11.2021.
8. In the meanwhile, the operation of the impugned order dated 07/11.06.2021 shall remain stayed.
RAJIV SHAKDHER, J TALWANT SINGH, J AUGUST 5, 2021 pa Click here to check corrigendum, if any W.P.(C) 7819/2021 Page 2 of 2 Signature Not Verified Digitally Signed By:HARIOM Signing Date:09.08.2021 15:14:24