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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Parmanand – Appellant
Versus
GNCT of Delhi And Others – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral) - The present writ petition has been filed by the petitioner with the following prayers:
"a. Quash and set aside order dated 08.08.2022 (sic. 05.08.2022) passed by the Ld. Tribunal in OA No. 1930/2022 and order dated 19.09.2022 passed by the Ld. Tribunal in RA No. 70/2022 in OA No. 1930/2022.
b. Quash and set aside order dated 15.07.2022 passed by respondents whereby, the petitioner (Librarian) is retired from govt. service on attaining the age 60 years (i.e. with effect from 30.06.2022 (AN)) though the superannuation age of Librarian is 62 years.
c. Direct the respondents to reinstate/redeploy the petitioner in service to the post of Librarian and continue him in service till he attains his superannuation age of 62 years (30.06.2024) in conformity with Order dated 09.01.2009, Office Order dated 29.07.2010 etc. and further accord him all the consequential benefits including arrears of pay and allowances for the period he was kept out of work by the respondents along with 18% interest p.a. on such arrears. And
d. Award cost in favor of the Petitioner and against the respondents."
2. Mr.Sourabh Ahuja, learned counsel for the petitioner submits that the g
The main legal point established in the judgment is the importance of addressing jurisdictional issues and considering review petitions in administrative law matters.
The court mandates the timely disposal of long-pending administrative review petitions to ensure justice.
Review Petition – While exercising review jurisdiction, Court has to first satisfy itself on any error apparent on face of record which calls for exercise of review jurisdiction – Review jurisdiction....
A writ petition challenging only a review order, while the original appellate order has attained finality and the limitation period has expired, is not maintainable.
The court's decision emphasized the importance of following the appropriate legal procedure, granting liberty to the petitioners to seek review through the Tribunal.
The court emphasized the importance of considering the directions and observations made by the Division Bench in a previous order, and the need for the Tribunal to reconsider the matter in light of t....
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