YATEENDRA KUMAR vs UNION OF INDIA, THROUGH SECRETARY & ORS.

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 09.05.2025 + W.P.(C) 9307/2021 AND CM APPL. 28930/2021 YATEENDRA KUMAR .....Petitioner Through: Mr. K. Venkatraman and Mr. Avinash, Advs. versus UNION OF INDIA, THROUGH SECRETARY & ORS. .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Arnav Mittal, Adv. for R-1 and 2/UOI. Mr. S. K. Mishra and Mr. Saarthak Bansal, Advs. for R-3 and 4. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL) 1. This petition has been filed by the petitioner, challenging the Order dated 23.08.2021 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi, (hereinafter referred to as, ‘learned Tribunal’) in O.A. No. 1729/2021, titled Yateendra Kumar v. Union of India & Ors, disposing of the above OA filed by the petitioner herein with the following direction: “5. Assuming that the similar facility has been extended by NDMC to medical doctors, Signature Not Verified Signed By:VIJAYA W.P.(C) 9307/2021 Page 1 of 5 LAKSHMI DOBHAL Signing Date:15.05.2025 12:50:33 one cannot expect the same pattern for the veterinary doctors. As of now, the rules provide for age of superannuation as 6o years. This very issue fell for consideration before this Tribunal in O.A. No.2289/2018 decided on 30.07.2018. The O.A. was dismissed. That, in turn, was followed in O.A. No.3711/2018 decided on 12.10.2018. We do not find any differentiating factor in this case.” 2. From the perusal of the above extracts of the impugned order, it would be evident that the learned Tribunal has relied upon its Order dated 30.07.2018 passed in O.A. No. 2298/2018, which in turn had disposed of the said O.A. by leaving it open to the petitioners therein to make a representation to the employer and a d