Delhi High Court - Orders
Dr. Suchita Ninawe vs Union Of India & Ors on 21 September, 2022
Author: Rekha Palli
Bench: Rekha Palli
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13690/2022
DR. SUCHITA NINAWE ..... Petitioner
Through: Mr.Ankit Jain, Adv.
versus
UNION OF INDIA & ORS. ..... Respondent
Through: Ms.Shubhra Parashar, Ms.Samiksha,
Mr.Virender Pratap Singh Charak & Mr.Shishir
Khose, Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 21.09.2022
CM APPL. 41750/2022
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of. W.P.(C) 13690/2022, CM APPL. 41751/2022 (stay) & CM APPL. 41752/2022 (maintainability)
3. The petitioner has approached this Court seeking the following reliefs:-
"a) Issue directions in the nature of mandamus to the Respondents to draft a uniform policy for recovery on account of overpayment made to any government employee:
b) Issue directions in the nature of mandamus to Respondent No. 2 and 3 declaring that the post of Scientist G in the Department of Bio-Technology is equivalent to the rank of Joint Secretary:
c) Issue directions in the nature of writ of mandamus to Respondent No. 2 to officially declare in the form of Office Memorandum that in-situ promotion in Department of Bio-
Technology is not an NFU (Non Functional Upgradation), Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:22.09.2022 14:37:56 but a functional upgradation:
di Issue directions in the nature of writ of mandamus to direct the Respondents to implement the decision of Hon'ble Supreme Court in State of Punjab vs. Rafiq Masih (White Washer) etc in letter and spirit and waive off the overpaid Transport allowance made to the petitioner amounting to Rs. 4.06.467/- thereby declaring the Office Memorandum dated 31.12.2021 as unconstitutional, and refund the amount already recovered from the petitioner till date with interest:
e) Direct the Respondents to grant monetary compensation to the petitioner on account of mental harassment, and legal expenses:"
4. After some arguments, learned counsel for the petitioner seeks leave to withdraw the present petition with liberty to approach the learned Central Administrative Tribunal raising the same grievance as raised in the present petition.
5. The writ petition is, accordingly, disposed of as not pressed with liberty as prayed for.
6. Needless to state, this Court has not expressed any opinion on the merits of the petitioner's claims and therefore, it will be open for the petitioner to raise all grounds including grounds raised in the present petition before the learned Tribunal.
REKHA PALLI, J SEPTEMBER 21, 2022 kk Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:22.09.2022 14:37:56