Delhi High Court - Orders
Lata Beer Singh vs Union Of India And Ors on 5 August, 2024
Author: Jyoti Singh
Bench: Jyoti Singh
$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10716/2024 and CM APPL. 44135/2024, 44136/2024 and
44137/2024
LATA BEER SINGH .....Petitioner
Through: Mr. Colin Gonsalves, Senior
Advocate with Ms. Hetvi Patel and Mr. Paul
Kumar Kalai, Advocates.
versus
UNION OF INDIA AND ORS. .....Respondents
Through: Mr. Ravi Kant Srivastava, Senior
Panel Counsel for Respondents No.1 and 2.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 05.08.2024
1. This writ petition has been preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following reliefs:
"a. For an order directing the respondent hospital to treat the petitioner as promoted from nursing officer to SNO with retrospective effect from 2003 and to pay all wages, benefits, concessions and privileges for this entire period with interest as decided upon by this Hon'ble Court. b. For an order directing Respondents be directed to implement the Post- based reservation roaster made by SH.sm Gupta, Ex Faculty Member of ISTM as recommended by NCSC.
c. For an order directing the respondents to pay the petitioner compensation of Rs. 20 lakhs for the continuous mental trauma caused by the respondents for the last 26 years as described in this petition. d. For an order directing respondent that no DPC to be held for the posts of SNO and ANS till final disposal of this O.A or in the alternative for an order directing that the said posts be filled only with reserved category persons pending hearing and final disposal of this OA."
W.P.(C) 10716/2024 page 1 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2024 at 21:16:11
2. A bare perusal of the prayer clause shows that the reliefs sought by the Petitioner are in the nature of service matter disputes, i.e. promotion from Nursing Officer to SNO with retrospective effect with wages and other concessions; implementation of post-based reservation roster; compensation for alleged trauma; and a restraint against holding of DPCs for the posts of SNO and ANS and the reliefs sought are against Ministry of Health and Family Welfare and Lady Hardinge Medical College. In view of Section 14 of the Administrative Tribunals Act, 1985 and judgment of the Constitution Bench of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261, remedy of the Petitioner lies before the Central Administrative Tribunal as a Court of first instance.
3. Accordingly, this writ petition is dismissed with liberty to the Petitioner to approach the appropriate Forum, in accordance with law. Pending applications also stand disposed of.
JYOTI SINGH, J
AUGUST 5, 2024
B.S. Rohella
W.P.(C) 10716/2024 page 2 of 2
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2024 at 21:16:11