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IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, Anoop Kumar Mendiratta, JJ.
Sh Yogendra Pal & Ors. – Appellants
Versus
Municipal Corporation of Delhi Through Commissioner – Respondent
W.P.(C) 11289 of 2023
Decided On : 25-08-2023
Exemption - Writ Petition - The court disposed of the application for exemption subject to all just exceptions.
Fact of the Case:
The writ petition challenged orders in O.A. 3718/2015 and M.A. 1568/2023. The Tribunal disposed of the O.A. with liberty to the applicants to make a comprehensive representation. The M.A. was held not maintainable under the CAT (Procedure) Rules, 1987.
Finding of the Court:
The court disposed of the writ petition based on the representation made by the petitioners and the orders of the Tribunal.
Issues: Challenge to orders in O.A. 3718/2015 and M.A. 1568/2023.
Ratio Decidendi: The court deemed it appropriate to dispose of the O.A. without interfering with the impugned order of the Tribunal. The petitioners made a representation to the respondents, and the court disposed of the writ petition based on the same.
Final Decision: The writ petition was disposed of based on the representation made by the petitioners and the orders of the Tribunal.
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPL. 43908/2023
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(C) 11289/2023
1. The challenge in this writ petition is to the orders dated May 26, 2022 and May 03, 2023 in O.A. 3718/2015 and in M.A. 1568/2023.
2. In the O.A., the Tribunal in paragraph 9, has stated as under:
"9. In view of the aforesaid, without going into the merits of the case, and with the consent of learned counsels for the parties, the present OA is disposed of with liberty to the applicants to make an individual comprehensive representation before the respondent raising all their grievances, as raised in the present OA, within two weeks from today and, if such representations are received from the applicants within the time stipulated hereinabove, the respondent shall consider and dispose of the same by passing an appropriate reasoned and speaking order as expeditiously as possible and preferably within ten weeks of receipt of such representations."
3. Similarly, in the order dated May 03, 2023, the Tribunal has held that the M.A. is not maintainable under the provisions of the CAT (Procedure) Rules, 1987.
4. Be that as it may, since the order of the Tribunal in the O.A. was for disposal of the representation, we deem it appropriate to dispose of this O.A. also, without interfering with the impugned order of the Tribunal dated May 26, 2022.
5. Ms. Pragnya Routray states, on July 06, 2022, the petitioners have made a representation to the respondents. She states, the said representation has not been placed on record. She has given a copy of the representation dated July 06, 2022 to Ms. Chatterjee, who states that she shall forward the same to the respondents to enable them to dispose of the representation in terms of the impugned order passed by the Tribunal within eight weeks from today.
6. Taking on submissions of Ms. Chatterjee on record, the writ petition is disposed of.
The court's decision was influenced by the representation made by the petitioners and the orders of the Tribunal.
The court has the authority to direct a respondent to decide a representation within a specified timeframe without commenting on the merit of the controversy.
Government authorities must decide representations promptly, ensuring procedural obligations are met without adjudicating the merits of the controversy.
The court emphasized the importance of following the directions given by the Tribunal and the obligation of the respondents to consider the grievance as per the guidelines and in accordance with the ....
The court emphasized the importance of timely decision-making on representations for promotion.
Timely disposition of pending representations by administrative bodies is crucial to uphold applicants' rights.
The appointment of the last selectee to the post shall be subject to the outcome of the Original Application.
Timely adjudication of pending applications
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