Central Administrative Tribunal - Delhi
Nidhi Pandey vs Arvind Saxena on 12 March, 2019
Central Administrative Tribunal
Principal Bench
CP No.111/2019 in OA No.2878/2016
With
CP No.112/2019 in OA No.2880/2016
CP No.113/2019 in OA No.2885/2016
CP No.114/2019 in OA No.2618/2016
CP No.116/2019 in OA No.2506/2016
CP No.117/2019 in OA No.2578/2016
CP No.497/2018 in OA No.2390/2016
CP No.115/2019 in OA No.2543/2016
New Delhi, this the 12th day of March, 2019
Hon'ble Mr. Justice L. Narasimha Reddy, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
I. CP No.111/2019 in OA No.2878/2016
Neeraj Kumar
S/o Sh. Subhash Chander,
Aged about 32 years,
R/o Mohalla Shaha Wala Tibber,
Curdaspur, Punjab. ... Petitioner
(By Advocate : Shri Hitendra Nath Rath)
Versus
1. Arvind Saxena
Union Public Service Commission,
Through its Chairman,
Dholpur House, Shahjahan Road,
New Delhi-110069.
2. Dr. S. Venkateswara,
Central Drugs Standard Control Organization
(CDSCO), Directorate General of Health Service,
Ministry of Health and Family Welfare
Government of India, FDA Bhawan, ITO,
Kotla Marg, New Delhi-110002
Through its Director General. ... Respondents
(By Advocate : Shri Naresh Kaushik with Shri Devik
Singh)
2
CP No.111/2019 in OA No.2878/2016 with
CP No.112/2019 in OA No.2880/2016
CP No.113/2019 in OA No.2885/2016
CP No.114/2019 in OA No.2618/2016
CP No.116/2019 in OA No.2506/2016
CP No.117/2019 in OA No.2578/2016
CP No.497/2018 in OA No.2390/2016
CP No.115/2019 in OA No.2543/2016
II. CP No.112/2019 in OA No.2880/2016
Rohit Sharma Sharma
S/o Mr. Omprakash Sharma,
Aged about 29 years,
R/o 53, Duplex, Suyog,
Parisar Ext., Near Mukharjee Nagar,
Ratlam, MP.
... Petitioner
(By Advocate : Shri Hitendra Nath Rath)
Versus
1. Arvind Saxena
Union Public Service Commission,
Through its Chairman,
Dholpur House, Shahjahan Road,
New Delhi-110069.
2. Dr. S. Venkateswara,
Central Drugs Standard Control Organization
(CDSCO), Directorate General of Health Service,
Ministry of Health and Family Welfare
Government of India, FDA Bhawan, ITO,
Kotla Marg, New Delhi-110002
Through its Director General.
... Respondents
(By Advocate : Shri Naresh Kaushik with Shri Devik
Singh)
III. CP No.113/2019 in OA No.2885/2016
Ravisinh Solanki
S/o Vikramsinh Solanki
3
CP No.111/2019 in OA No.2878/2016 with
CP No.112/2019 in OA No.2880/2016
CP No.113/2019 in OA No.2885/2016
CP No.114/2019 in OA No.2618/2016
CP No.116/2019 in OA No.2506/2016
CP No.117/2019 in OA No.2578/2016
CP No.497/2018 in OA No.2390/2016
CP No.115/2019 in OA No.2543/2016
Aged about 27 years,
R/o D-202, Green View Residency,
Atladra-Bil Road,
Bil, Vadodara-391410, Gujarat.
... Petitioner
(By Advocate : Shri Hitendra Nath Rath)
Versus
1. Arvind Saxena
Union Public Service Commission,
Through its Chairman,
Dholpur House, Shahjahan Road,
New Delhi-110069.
2. Dr. S. Venkateswara,
Central Drugs Standard Control Organization
(CDSCO), Directorate General of Health Service,
Ministry of Health and Family Welfare
Government of India, FDA Bhawan, ITO,
Kotla Marg, New Delhi-110002
Through its Director General. ... Respondents
IV. CP No.114/2019 in OA No.2618/2016
Rajarajan Rajasekar,
S/o Sh Rajasekar K.,
Aged about 29 years,
R/o 51-B, Type-3, Block-12,
Nayveli Township, Cudallore District,
Tamilnadu-607803
... Petitioner
(By Advocate : Shri Hitendra Nath Rath)
4
CP No.111/2019 in OA No.2878/2016 with
CP No.112/2019 in OA No.2880/2016
CP No.113/2019 in OA No.2885/2016
CP No.114/2019 in OA No.2618/2016
CP No.116/2019 in OA No.2506/2016
CP No.117/2019 in OA No.2578/2016
CP No.497/2018 in OA No.2390/2016
CP No.115/2019 in OA No.2543/2016
Versus
1. Arvind Saxena
Union Public Service Commission,
Through its Chairman,
Dholpur House, Shahjahan Road,
New Delhi-110069.
2. Dr. S. Venkateswara,
Central Drugs Standard Control Organization
(CDSCO), Directorate General of Health Service,
Ministry of Health and Family Welfare
Government of India, FDA Bhawan, ITO,
Kotla Marg, New Delhi-110002
Through its Director General.
... Respondents
(By Advocate : Shri Naresh Kaushik with Shri Devik
Singh)
V. CP No.116/2019 in OA No.2506/2016
Shabari Girinath Kala,
S/o Sh. Kala Narsimha,
Age about 30 years,
R/o Plot No. 21, Lakshma Reddy Palem,
Peddamberpet, Hayatnagar,
Hyderabad-501505,
Telangana State.
... Petitioner
(By Advocate : Shri Hitendra Nath Rath)
Versus
1. Arvind Saxena
Union Public Service Commission,
Through its Chairman,
Dholpur House, Shahjahan Road,
5
CP No.111/2019 in OA No.2878/2016 with
CP No.112/2019 in OA No.2880/2016
CP No.113/2019 in OA No.2885/2016
CP No.114/2019 in OA No.2618/2016
CP No.116/2019 in OA No.2506/2016
CP No.117/2019 in OA No.2578/2016
CP No.497/2018 in OA No.2390/2016
CP No.115/2019 in OA No.2543/2016
New Delhi-110069.
2. Dr. S. Venkateswara,
Central Drugs Standard Control Organization
(CDSCO), Directorate General of Health Service,
Ministry of Health and Family Welfare
Government of India, FDA Bhawan, ITO,
Kotla Marg, New Delhi-110002
Through its Director General.
3. Drug Controller,
Drug Control Department,
Health and Family Welfare Department,
Govt. of National Capital Territory of Delhi,
F-17, Karkardooma,
New Delhi-110032.
... Respondents
(By Advocate : Shri Naresh Kaushik with Shri Devik
Singh)
VI. CP No.117/2019 in OA No.2578/2016
Vibhu Yadav,
D/o Sh. D.P. Yadav,
Aged about 28 years,
R/o 252, Ward No. 6,
Pataudi Road, Haily Mandi,
Gurgaon, Haryana. ... Petitioner
Versus
1. Arvind Saxena
Union Public Service Commission,
Through its Chairman,
Dholpur House, Shahjahan Road,
New Delhi-110069.
6
CP No.111/2019 in OA No.2878/2016 with
CP No.112/2019 in OA No.2880/2016
CP No.113/2019 in OA No.2885/2016
CP No.114/2019 in OA No.2618/2016
CP No.116/2019 in OA No.2506/2016
CP No.117/2019 in OA No.2578/2016
CP No.497/2018 in OA No.2390/2016
CP No.115/2019 in OA No.2543/2016
2. Dr. S. Venkateswara,
Central Drugs Standard Control Organization
(CDSCO), Directorate General of Health Service,
Ministry of Health and Family Welfare
Government of India, FDA Bhawan, ITO,
Kotla Marg, New Delhi-110002
Through its Director General.
... Respondents
(By Advocate : Shri Naresh Kaushik with Shri Devik
Singh)
VII. CP No.497/2018 in OA No.2390/2016
Nidhi Pandey,
S/o Sh. R.P. Pandey,
R/o B-223, Ground Floor,
Ramprastha, Ghaziabad
UP-201011.
... Petitioner
(By Advocate : Ms.Deepika Kumari )
Versus
1. Arvind Saxena
Union Public Service Commission,
Through its Chairman,
Dholpur House, Shahjahan Road,
New Delhi-110069.
2. Dr. S. Venkateswara,
Central Drugs Standard Control Organization
(CDSCO), Directorate General of Health Service,
Ministry of Health and Family Welfare
7
CP No.111/2019 in OA No.2878/2016 with
CP No.112/2019 in OA No.2880/2016
CP No.113/2019 in OA No.2885/2016
CP No.114/2019 in OA No.2618/2016
CP No.116/2019 in OA No.2506/2016
CP No.117/2019 in OA No.2578/2016
CP No.497/2018 in OA No.2390/2016
CP No.115/2019 in OA No.2543/2016
Government of India, FDA Bhawan, ITO,
Kotla Marg, New Delhi-110002
Through its Director General.
... Respondents
(By Advocate : Shri Naresh Kaushik for R-1
Shri Vijendra Singh for R-2)
VIII. CP No.115/2019 in OA No.2543/2016
1. Ranjita Nayak w/o Mahesh Nasare,
Age about 36 years,
R/o Plot No. 19 & 20, Sai Nilayam,
Near Bachpan Play School,
Hanuman Nagar, Kondapur,
Hyderabad-500084,
Telangana State.
2. Sobha Deepthi Kompella,
W/o K.H.S. Pradeep,
Age about 30 years,
R/o Flat No. 8C Brahmananda Nagar Colony,
Malakpet, Hyderabad-500036
Telangana State.
... Petitioners
(By Advocate : Shri Hitendra Nath Rath)
Versus
1. Arvind Saxena
Union Public Service Commission,
Through its Chairman,
Dholpur House, Shahjahan Road,
New Delhi-110069.
8
CP No.111/2019 in OA No.2878/2016 with
CP No.112/2019 in OA No.2880/2016
CP No.113/2019 in OA No.2885/2016
CP No.114/2019 in OA No.2618/2016
CP No.116/2019 in OA No.2506/2016
CP No.117/2019 in OA No.2578/2016
CP No.497/2018 in OA No.2390/2016
CP No.115/2019 in OA No.2543/2016
2. Dr. S. Venkateswara,
Central Drugs Standard Control Organization
(CDSCO), Directorate General of Health Service,
Ministry of Health and Family Welfare
Government of India, FDA Bhawan, ITO,
Kotla Marg, New Delhi-110002
Through its Director General.
... Respondents
(By Advocate : Shri Naresh Kaushik with Shri Devik
Singh)
ORDER (ORAL)
Justice L. Narasimha Reddy, Chairman :-
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 9 CP No.111/2019 in OA No.2878/2016 with CP No.112/2019 in OA No.2880/2016 CP No.113/2019 in OA No.2885/2016 CP No.114/2019 in OA No.2618/2016 CP No.116/2019 in OA No.2506/2016 CP No.117/2019 in OA No.2578/2016 CP No.497/2018 in OA No.2390/2016 CP No.115/2019 in OA No.2543/2016 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 10 CP No.111/2019 in OA No.2878/2016 with CP No.112/2019 in OA No.2880/2016 CP No.113/2019 in OA No.2885/2016 CP No.114/2019 in OA No.2618/2016 CP No.116/2019 in OA No.2506/2016 CP No.117/2019 in OA No.2578/2016 CP No.497/2018 in OA No.2390/2016 CP No.115/2019 in OA No.2543/2016 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.
(Mohd. Jamshed) (Justice L. Narasimha Reddy) Member (A) Chairman 'rk'