Dtc Sewanivrit Karamchari Sangh v. Dtc and Ors

O R D E R %

14.11.2024 C.M. APPL. 66459/2024

¶1Allowed, subject to all just exceptions.

¶2Application stands disposed of. W.P.(C) 15833/2024 & C.M. APPL. 66460/2024

¶3This writ petition has been preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following relief:- "(i) To issue a writ of mandamus or any suitable writ in the interest of justice thereby directing the respondents to extend the benefits of free/cashless medical facilities to the retired employees of DTC under Delhi govt. Employees health schemes (DGEHS)." W.P.(C) 15833/2024

This is a digitally signed order. 4. From a reading of the prayer clause, it is clear that the relief is sought against DTC which is amenable to the jurisdiction of the Central Administrative Tribunal under Section 14 of the Administrative Tribunal Act, 1985. In view of the judgment of the Constitution Bench of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261, this writ petition cannot be entertained by this Court and the same is accordingly dismissed with liberty to approach the appropriate Forum as per law. Pending application also stands disposed of.

JYOTI SINGH, J NOVEMBER 14, 2024/shivam

W.P.(C) 15833/2024

This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15833/2024 DTC SEWANIVRIT KARAMCHARI SANGH .....Petitioner Through: Mr. Durgesh Kumar Sharma, Advocate. versus DTC AND ORS. .....Respondents Through: Mrs. Avnish Ahlawat, Standing Counsel with Mr. N.K. Singh, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates for R-1. Mr. Sameer Vashisht, ASC with Ms. Harshita Nathrani, Advocate for R-2 and R-4 Mr. Durgesh Kumar Sharma, Advocate. Mr. Syed Abdul, Central Government Standing Counsel for UOI. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH