Supreme Court - Daily Orders
Radha Dubey vs Govt.Of Nct Of Delhi . on 19 August, 2015
Bench: Jagdish Singh Khehar, N.V. Ramana
SLP(C)Nos.23809-23810/10 etc. 1
ITEM NO.3 COURT NO.4 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).23809-23810/2010
(Arising out of impugned final judgment and order dated 21/12/2009
and 19/03/2010 in WP No.13988/2009 and in RA No.68/2010 in WP No.
13988/2009 passed by the High Court of Delhi at New Delhi)
RADHA DUBEY Petitioner(s)
VERSUS
GOVT.OF NCT OF DELHI & ORS. Respondent(s)
(With appln.(s) for directions and office report)
(For final disposal)
WITH
SLP(C) Nos.22475-22476/2012
(With appln.(s) for discharge of advocate on record and permission
to appear and argue in person and permission to file additional
documents and Office Report)
Date : 19/08/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MR. JUSTICE N.V. RAMANA
For Petitioner(s) Mr. Nidesh Gupta, Sr.Adv.(A.C.)
In SLP(C)23809-10/ Mr.P.S.Patwalia, Sr.Adv.
10 Mr.Shree Prakash Sinha, Adv.
Mr.Yogesh Goel, Adv.
Mr. Shekhar Kumar, Adv.
Petitioner-in-person (NP)
For Respondent(s) Mr.P.S.Patwalia, Sr.Adv.
For Intervenor Mr.Rakesh Mishra, Adv.
Mr.Nawalendra Kumar, Adv.
Dr. Kailash Chand, Adv.
Mr.P.K.Dey, Adv.
Signature Not Verified
Ms.Gunwant Dara, Adv.
Mr.W.A.Qadri, Adv.
Digitally signed by
Satish Kumar Yadav
Date: 2015.08.20
16:30:12 IST
Reason: Mr. D. S. Mahra, Adv.(NP)
Mr. Annam D. N. Rao, Adv.
SLP(C)Nos.23809-23810/10 etc. 2
Mr. Neeraj Shekhar, Adv.
Ms. Aishwarya Bhati, Adv.
Mr.T.Gopal, Adv.
Mr.Devesh Singh, Adv.
Mr.Hitesh Kumar Sharma, Adv.
Mr.Dipankar Das, Adv.
Ms. Anu Gupta, Adv.
Ms. Binu Tamta, Adv.
Ms. Kumud Lata Das, Adv.
Ms. Suruchii Aggarwal, Adv.
Upon hearing the counsel the Court made the following
O R D E R
I.A.Nos.4-5 and 14-15 in SLP(C)Nos.23809-23810 of 2010 These applications were allowed vide Motion Bench order dated 20.04.2012. Today, learned counsel appearing on behalf of the intervenors states, that as the applicants have already been impleaded as intervenors, he may be permitted to withdraw these applications with liberty to raise a challenge on all issues raised therein in accordance with law.
The applications are accordingly dismissed as withdrawn with liberty as aforementioned.
SLP(C)Nos.23809-23810 of 2010 Heard learned counsel for the parties.
An interim order was passed by the Motion Bench on 16.08.2010 directing the respondents to take the petitioner back in service. Accordingly, the petitioner was permitted to continue in service (vide an order of the Government of National Capital Territory of Delhi, Health & Family Welfare Department, dated SLP(C)Nos.23809-23810/10 etc. 3 03.11.2010). During the pendency of the petitions in this Court, the respondents framed the Delhi Health Service (Allopathy) Rules, 2009. Under the above Rules, the suitability of the petitioner was required to be determined by respondent No.4 – the Union Public Service Commission. We are informed by the learned counsel representing respondent No.4, that the petitioner has been declared suitable for appointment under the Delhi Health Service (Allopathy) Rules, 2009. In the above view of the matter, we are of the view, that in the peculiar facts and circumstances of this case, the petitioner should be entitled to the benefits granted to others, who were found suitable under the provisions of the Delhi Health Service (Allopathy) Rules, 2009. Ordered accordingly.
For the other claims (emerging out of the factual position, that the petitioner was inducted into service on 12.01.1996), it shall be open to the petitioner to agitate the same, if she is so advised, in accordance with law. And if the petitioner makes a representation to respondent No.1, for the above claims, the same will be disposed of by passing a speaking order.
The special leave petitions stand disposed of in the above terms.
SLP(C) Nos.22475-22476 of 2012 The petitioner-in-person is not present.
De-tag these matters and list for hearing after four weeks.
(SATISH KUMAR YADAV) (RENUKA SADANA)
AR-CUM-PS COURT MASTER