IN THE CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

I.A. NO. ______ OF 2020
IN
M.A. NO. 3585 OF 2019

IN THE MATTER OF:

Ramesh Chand ...APPLICANT
VERSUS
South Delhi Municipal Corporation of Delhi ...RESPONDENTS

INDEX

SL.NO. PARTICULARS PAGES

1. Application under Section 151 of 1-

the CPC seeking early hearing of
the subject matter

2. ANNEXURE ‘A’
True copy of the Order dated
13.03.2020 in MA No. 3585 of
2019

APPLICANT

THROUGH

[SIMRANJEET SINGH & MS. SEEMA]

Advocates for the Applicant,
D/968 of 2014, D/5958/2019
NEW DELHI 10A, Sagar Apartments, Tilak Marg,
Dated: ____.10.2020 New Delhi-110 001
+91 9810188819,
Vijay3312@gmail.com
 IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
I.A. NO. ______ OF 2020
IN
M.A. NO. 3585 OF 2019

IN THE MATTER OF:

Ramesh Chand ...APPLICANT
VERSUS
South Delhi Municipal Corporation of Delhi ...RESPONDENTS

APPLICATION UNDER SECTION 151 OF THE CPC SEEKING

EARLY HEARING OF THE SUBJECT MATTER

MOST RESPECTFULLY SHOWETH:

1. That the above named Applicant has filed the

accompanying Original Application on 22.10.2019 under

Section 19 of the Administrative Tribunal Act, 1985.

2. That the subject matter was taken on record and was

listed for hearing before this Hon’ble Tribunal on

14.11.2019 and the Tribunal passed the following order:

“Heard.
Issue Notice.
List before Registrar’s Court for completion of
pleadings on 15.01.2020”.
3.
That the subject matter is pending adjudication before this

Hon'ble Tribunal and was listed for hearing on

13.03.2020, wherein the Hon'ble Tribunal was pleased

to re-notify the matter for further hearing before

Principal Registrar’s Court on 27.05.2020 for completion

of pleadings.

2. That the issue in the subject petition was heard at length

by this Hon'ble Tribunal in the earlier O.A being preferred

by the Applicant being O.A No. 1738/2014. However, the

said O.A was dismissed by the Hon'ble Tribunal on a

technical ground as few other affected individuals were

not impleaded as parties in the said O.A. The Copy of the

order dated 06.12.2016 dismissing the O.A No.

1738/2014 is marked and annexed hereto as

ANNEXURE- ‘A’.

3. That being aggrieved by the order dated 06.12.2016

passed in O.A No. 1738/2014; the Applicant filed a Civil

Writ Petition No. 6697 if 2017 before the Hon'ble High

Court of Delhi. The said Writ Petition was disposed off by

the Hon'ble High Court vide order dated 04.08.2017. In

terms of the said order, the matter was remanded back to

the Hon'ble Tribunal with direction to the Applicant to

implead the eight affected IRS (IT) officers in their

 representative capacity, so that the matter can be

decided on merits.

4. That in view of the order passed by the Hon'ble High

Court of Delhi, the Applicant preferred the subject

petition, having the same issue that was heard on merits

by this Hon'ble Tribunal in the erstwhile O.A No.

1738/2014.

5. It is most respectfully submitted that the issue in the

subject petition is same as that of in the earlier O.A being

1738/2014, which was heard at length by this Hon'ble

Tribunal and had been only dismissed for technical

reasons. It is pertinent to state that while hearing the

aforesaid OA the Hon'ble Tribunal was fully convinced

with the submissions made by the Applicant and was

inclined to grant the relief as prayed for in the said O.A

but had restricted itself from passing any order in favour

of the Applicant due to mere technicalities.

6. Be that as it may, even otherwise, the subject petition is

pending consideration before this Hon'ble Tribunal since

the year 2017 and is still at the stage of completion of

pleadings. It is pertinent to state that the delay so

occurred is solely because of the mala fide conduct of the

Respondent No. 1, who despite availing several

 opportunities has failed to file its counter affidavit till

now.

7. That due to mala fide conduct of the Respondent No. 1,

the Applicant is being made to indefinitely wait for his

earned promotion and the other benefits arising

therefrom, which indeed is causing grave and irreparable

loss to the Applicant.

8. That given the conduct of the Respondent No. 1, it is

submitted that the Respondent No. 1 is not entitled to

any further opportunity and to that effect it is humbly

prayed that the Hon'ble Tribunal may please list the

matter for final hearing as the same is ripe for

arguments. To that extent, the Respondent No. 2 has

also filed its counter affidavit and as such the pleadings

with respect to Respondent No. 2 stand completed, as the

Applicant does not wish to file any rejoinder to the same.

9. That the present application is bona fide and preferred in

the interest of justice.

PRAYER

In view of the aforesaid facts and circumstances, it is most

humbly prayed that the Hon'ble Tribunal may be pleased to:

a) prepone the subject matter for final hearing on an earlier

date and;

b) pass any other order or orders as this Hon'ble Tribunal

may deem fit and proper.

APPLICANT

THROUGH

[NIDA DOON & SIMRANJEET SINGH]

Advocates for the Opposite Party,
P/243/2015, D/968 of 2014
NEW DELHI 10A, Sagar Apartments, Tilak Marg,
Dated: ____.10.2018 New Delhi-110 001
+91 9818500052,
nidadoon@gmail.com
 IN THE CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH: NEW DELHI

O.A.NO.100/3462 OF 2017

IN THE MATTER OF:

Jitender Singh ...APPLICANT

VERSUS

Union of India & Ors. ...RESPONDENTS

AFFIDAVIT

I, Jitender Singh, S/o. Sh.Rajender Singh aged about ___

years, R/o. A 100A, Arjun Apartment, The Khatter CGHS, Plot

No.8C, Sector-7, Dwarka, New Delhi-110 0075, do hereby solemnly

affirm and state as under:-

1. That I am the Applicant in the accompanying application, and

am thus fully conversant with the facts and circumstances of

the case and hence competent to depose the present affidavit.

2. That the accompanying application has been drafted by my

Counsel under my instruction, no part thereof is false and

nothing material has been concealed there from.

3. That the annexures annexed alongwith the applications are

true and correct copies of their respective originals.

DEPONENT
VERIFICATION

Verified at New Delhi of this 08 TH day of October 2018, that

the contents of the above affidavit are true and correct to the best

of my knowledge and belief, no part of it is false and nothing

material has been concealed there from.

DEPONENT