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Navodaya Vidyalaya Samiti vs Bhagyashree Sahoo & Ors on 22 September, 2022

Author: Najmi Waziri

Bench: Najmi Waziri

                          $~8
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      LPA 574/2019
                                 NAVODAYA VIDYALAYA SAMITI                      ..... Appellant
                                                   Through: Mr Ashok Kumar Panigrahi and Mr
                                                              Gautam Kumar Laha, Advocates.
                                                   versus
                                 BHAGYASHREE SAHOO & ORS                        ..... Respondents
                                                   Through: Mr A. K. Singh, Advocate.
                                 CORAM:
                                 HON'BLE MR. JUSTICE NAJMI WAZIRI
                                 HON'BLE MR. JUSTICE VIKAS MAHAJAN
                                                   ORDER

% 22.09.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).

CM APPL. 32603/2022 (by the respondents for directions) & CM APPL. 32606/2022 (by the respondents for directions)

1. Issue notice to the non-applicant. The learned counsel named above accepts notice on behalf of the appellant.

2. The respondents-applicants seek transfer of the case to the Central Administrative Tribunal, (CAT), New Delhi on the ground that under Section 14(2) of the Administrative Tribunals Act, 1985, the appellant has been notified by the Central Government, therefore, the jurisdiction apropos service matters pertaining to the appellant would lie with the Central Administrative Tribunal. There is no objection to the relief sought. Indeed, the appeal itself is premised on the said contention.

3. According to the learned counsel for the applicant, the issue of jurisdiction was not agitated before the learned Single Judge, therefore, it finds no mention in the order.

4. Be that as it may, the jurisdiction vests exclusively with the CAT as the forum of first instance to determine the disputes concerning service matters pertaining to the appellant as it has admittedly been notified by the Central Government under Section 14 of the said Act.

5. In view of the above, the impugned order is set aside on the ground of jurisdiction and the matter is transferred to the CAT, New Delhi for adjudication of the lis.

6. The learned counsel for the parties submit that they will request the learned Tribunal to dispose-off the petition at the earliest since the case has been pending for almost four years and some of the parties are likely to become overage for recruitment. The learned counsel further assure the court that they will assist the learned Tribunal whenever the case is listed for arguments.

7. The court is confident that as and when such a request is made the learned Tribunal will consider it.

8. Accordingly, the applications are disposed-off. LPA 574/2019 & CM APPL. 39804/2019

9. In view of the aforesaid order, no further orders are required to be passed in this appeal.

10.The appeal along with pending application, if any, is disposed-off.

NAJMI WAZIRI, J VIKAS MAHAJAN, J SEPTEMBER 22, 2022/MK Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:28.09.2022 15:18:47