J U D G M E N T

SATISH CHANDRA SHARMA, C.J.

1. The present LPA has been filed under Clause 10 of the Letters Patent Act arising out of an order dated 24.01.2022 passed in W.P.(C.) No. 2622/2022 titled K. Z. Khan VS. National Commission For Women And Ors. 2. The facts of the case reveal that the Appellant was appointed on the post of Junior Stenographer–Cum–Clerk–Cum–Typist in the National Projects Construction Corporation Limited (Respondent No. 5 herein) on 03.01.1990, and while serving the Corporation he was posted on deputation by an order dated 24.04.2020 for a period of two years as Private Secretary to the Chairperson of National Commission for Women (Respondent No.1 herein).

3. The Appellant reported on duty as Private Secretary with effect from

24.04.2020 for a period of two years.

4. The facts of the case further reveal that the Appellant on 05.11.2020 got infected with COVID-19, and, as stated by him, he was discharging his duty online. He was on sick leave from 05.11.2020 to 30.11.2020.

5. The Appellant while he was working on deputation was promoted by his Parent Organization by an order dated 29.09.2021 from the Post of Senior Assistant Grade-1 (PA) to the Post of Assistant Manager (HR) with effect from 01.10.2021.

6. The Appellant again got infected, as stated by him, with COVID-19 infection, and he was ill with effect from 19.02.2022 to 31.01.2022. He submitted an application on 20.01.2022, and informed the National Commission for Women that COVID Report dated 20.02.2022 is positive and finally got a negative report on 31.01.2022.

7. The Appellant submitted a formal leave application to the Authorities of National Commission for Women for sanctioning special casual leave on 02.02.2022. However, by an order dated 02.02.2022, he was repatriated by the National Commission for Women.

8. The Appellant being aggrieved by his repatriation before completion of two years period, preferred a writ petition before this Court i.e. W.P.(C.) No. 2622/2022 and raised various grounds including a ground that he should have been given three months’ mandatory notice, and should have been informed valid reasons for repatriation.

9. The Appellant also submitted a representation to his Parent Organization in respect of his repatriation, which was prior to completion of two years period.

10. The Appellant kept on representing the matter raising various grounds and grievances before the Authorities.

11. Finally, the Learned Single Judge vide judgement dated 21.04.2022 dismissed the Petition filed by the Appellant.

12. The order dated 21.04.2022 passed by this Court dismissing the writ petition reads as under:

“1. This petition has been filed by the petitioner with the following prayers:

“It is therefore, in view of the fact and circumstances mentioned above, this Hon‟ble Court may graciously be pleased to:-

i. Issue an order, direction or writ in the nature of certiorari whereby quashing the Office Order No. 12/2021-2022/Establishment dated 02.02.2022 vide which the petitioner has been repatriated and relieved from deputation without adhering the DoPT Norms, and/or ii. issue an order, direction or writ in the nature of Mandamus whereby directing Direct Respondent to immediately restore the services of the petitioner from the date of his reliving with entire benefits as per the guidelines of DoPT for premature repatriation of employees pertaining to deputations and to issue three months‟ notice prior to premature repatriation of any employee in future. And /or iii. issue an order, direction or writ in the nature of Mandamus whereby directing the respondents to regularize all Leaves as per COVID Norms as special leave as per directives of Ministry of Health fixed for COVID Victim in services. And/or iv. Direct the respondents to pay Cost of litigation as well compensation to the petitioner for causing greave mental agony arises out of noncompliance of the slated guidelines by the Competent Authority of NCW which shows the incompetency in issuance of an