UNION OF INDIA & ORS. vs ASHISH DHIMAN

Judgment text excerpt

$~120 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23.04.2025 + W.P.(C) 5125/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Raj Kumar, CGSC versus ASHISH DHIMAN .....Respondent Through: Mr. A.K. Trivedi, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (Oral) CM APPL. 23400/2025 (Exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 5125/2025 & CM APPL. 23399/2025 2. This petition has been filed challenging the Order dated 24.09.2024 passed by the learned Central Administrative Tribunal Principal Bench, New Delhi (hereinafter referred to as “learned Tribunal”) in O.A. No.2597/2023, titled “Ashish Dhiman v. Union of India & Ors.” (in short, ‘OA’), allowing the said OA filed by the respondent herein with the following direction: “ 5.2 In view of the above, the following orders are passed: (i) Order dated 11.07.2023 (Annexure A-1), Show Cause Notice dated 9.09.2016 (Annexure A-2) and order dated 19.12.2019 which are the basis of the order dated 11.07.2023 are quashed; Signature Not Verified Signed By:VIJAYA W.P.(C) 5125/2025 Page 1 of 6 LAKSHMI DOBHAL Signing Date:30.04.2025 15:39:42 (ii) Late Shri Suresh Kumar, father of the applicant shall be treated as retired on voluntary retirement under the LARSGESS Scheme with effect from 2.06.2016. The order dated 19.12.2019 vide which the appointment of the applicant has been withdrawn with immediate effect, is quashed. The applicant shall be taken back m service immediately with all consequential benefits.” To give a brief background of facts in which the present petition arises, the father of the respondent- late Sh. Suresh Kumar was initially appointed on casual basis in 1987. He was later appointed as a Khallasi against a regular sanctioned post