Back
DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Esic Medical Laboratory Technologists Association – Appellant
Versus
Director General Employees State Insurance Corporation – Respondent
| Table of Content |
|---|
| 1. procedural aspects of the writ petition (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding recruitment processes and rules (Para 5) |
| 3. court's observations on interim relief and procedural rights (Para 6 , 7 , 8) |
| 4. closure of pending applications (Para 9) |
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM No. 46508/2021
1. Allowed, subject to just exceptions.
W.P.(C) 14781/2021 and CM Nos.46509-10/2021
2. Issue notice.
2.1. Mr Shlok Chandra accepts notice on behalf of the respondent.
2.2. Mr Chandra says that he does not wish to file a counter-affidavit in the writ petition, in view of the order that we propose to pass.
3. Thus, with the consent of counsel for the parties, the writ petition is taken up for hearing and final disposal, at this stage itself.
4. This writ petition is directed against an interlocutory order dated 10.12.2021, passed by the Central Administrative Tribunal, Principal Bench, New Delhi [in short " the Tribunal"] in O.A. No.2865/2021.
4.1. A perusal of the impugned order dated 10.12.2021 shows that notice in the original application i.e., O.A. No. 2865/2021 has been issued. The Tribunal has fixed
The court affirmed the necessity for the Tribunal to examine recruitment practices as per the ESIC Act, particularly the conflict between promotee appointments and direct recruitment for the Lab Assi....
The court emphasized the need for the Tribunal to examine and adjudicate upon the aspects related to the mode of appointment for the post of Lab Assistant, in line with the terms stipulated by the Ce....
The court directed provisional participation in an interview while preserving the ability to contest eligibility, emphasizing that such permission does not confer rights pending further Tribunal acti....
Provisional participation in interview pending fresh action before the Tribunal
Interim relief in administrative matters must be accompanied by clear reasoning; actions taken during a legal proceeding must respect the principle of lis pendens.
Promotion rights must adhere to seniority rules, with equitable treatment for similarly situated employees.
Post of Clerk – Selection process - Appointment of petitioner/respondent, if allowed, will amount allowing a person to be appointed without following procedure of law as selection process of petition....
Administrative decisions must follow procedural fairness, and undue delay in raising challenges does not invalidate prior lawful appointments.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
