JUDGMENT :

AMIT MAHAJAN, J.

1. The present writ petition is filed against the order dated 18.11.2022 (hereafter ‘impugned order’) passed by the learned Central Administrative Tribunal in C.P. No. 266/2021 in O.A. No. 2978/2019 whereby the learned Tribunal closed the contempt proceedings and discharged the contemnors.

2. Succinctly stated, the material facts germane to the adjudication of the present petition are as follows:

2.1. The Petitioner was appointed on the post of vaccinator with the Respondent in the year 1990. Subsequently, in the year 1999, the Petitioner was posted as a Vaccination Inspector/Public Health Inspector. The Post of Chief Public Health Inspector, as claimed by the Petitioner, lay vacant from the year 2002.

2.2. The Petitioner, after climbing up the list of seniority, made a representation to the Respondent on 04.07.2007 to take necessary steps to fill up the three vacant posts of Chief Vaccinating Inspectors and to consider him for the said post. Thereafter, several representations were made by the Petitioner to the Respondent in this regard, and the last representation was made on 04.07.2019. By representation dated 04.07.2019, the Petitioner sought promotion to the vacant post of Chief Vaccinating Inspector/Chief Public Health Inspector given that he was the senior most Vaccinating Inspector.

2.3. However, aggrieved by the inaction of the Respondent, the Petitioner filed O.A. No. 2978/2019 before the learned Tribunal seeking a direction to the Respondent to take necessary steps to fill the post of Chief Vaccinating Inspector which lay vacant and to consider the Petitioner for the said post. During the course of the hearing, the Petitioner pleaded that he would be satisfied if time bound directions were issued to the Respondent to decide the Petitioner’s representation dated 04.07.2019. The Petitioner was set to superannuate on 29.02.2020. Considering the aforesaid, the learned Tribunal, while disposing of the original application by the order dated 24.02.2020, directed the Respondent to decide the Petitioner’s representation dated 04.07.2019 before 29.02.2020 by passing a reasoned and speaking order under advice to the Petitioner. The said order dated 24.02.2020 was not complied with.

2.4. Thereafter, the Petitioner preferred a contempt petition being C.P. No. 266/2021 in O.A. No. 2978/2019. During the pendency of the same, on 16.11.2022, the Respondent passed a speaking order No. PS/DHO-II/MCD/2022/350 thereby considering the Petitioner’s representation dated 04.07.2019. The same is as follows:

“While considering the prayer of Sh. Suresh Kumar, the Central Administrative Tribunal of Delhi, in the matter titled as, Suresh Kumar Vs South Delhi Municipal Corporation & Ors., in OA No- 2978/2019 has passed the certain direction to the respondents vide order dated 24.02.2020:-

“For the foregoing reasons, the respondent SDMC who are present in court, shall bring it to the notice of the respondent NDMC and in turn the respondent NDMC are directed to decide the representation dated 04.07.2019 of the applicant before 29.02.2020 by passing a reasoned and speaking order under advice to applicant.”

While assailing the relief from the Hon'ble Central Administrative Tribunal, Suresh Kumar Vs South Delhi Municipal Corporation & Ors., in OA No- 2978/2019, sought the following relief from Hon'ble CAT:-

(a) Direct the respondent to take necessary steps to fill up the post of the CVI/CPHI and the post of Superintendent which is presently lying vacant for more than a decade and consider the petitioner for the said post.

(b) Pass such other or further orders as may be deemed fit and proper in facts and circumstances of the present case.

Accordingly, the representation dated 04.07.2019 of applicant Sh. Suresh Kumar Ex-PHI has been taken into consideration and it is stated that the grievance of the applicant will be Plan for DPC to be held in due course (if found eligible in all respect) as DPC has to be convened considering the eligibl