VIVEK vs UNION OF INDIA & ANR.

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1814/2024 VIVEK .....Petitioner Through: Mr. Aayush Agarwala and Mr. Aman Shekhar, Advs. versus UNION OF INDIA & ANR. .....Respondents Through: Ms. Nidhi Banga, SPC with Mr. Sandeep Choudhary, Adv. for R-1 Mr. Ravinder Agarwal, Mr. Manish Kumar Singh, Mr. Vasu Agarwal and Mr. Lekh Raj Singh, Advs. for R-2 CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 07.11.2025 C. HARI SHANKAR, J. 1. In view of the judgment of the Supreme Court in L. Chandra Kumar v UOI1, the lis in this writ petition cannot be entertained by this Court as a court of first instance as it is amenable to the jurisdiction of Central Administrative Tribunal2 in terms of Section 19 of the Administrative Tribunals Act, 1985. 2. However, as the case involves a person with disability, we deem it appropriate, instead of requiring the petitioner to reinstitute the proceeding before the Tribunal, to transfer the present writ petition to 1 (1997) 3 SCC 261 2 “Tribunal” hereinafter Signature Not Verified Digitally Signed By:AJIT W.P.(C) 1814/2024 Page 1 of 2 KUMAR Signing Date:11.11.2025 11:08:37 the Tribunal for it to be treated as an Transferred Application/Original Application and adjudicated by the Tribunal in accordance with law. 3. For the said purpose, we direct the Registry of this Court to transmit the papers of this writ petition in electronic form to the Tribunal within a week. 4. The Tribunal is directed to register the writ petition as a Transferred Application/Original Application as per its procedure and list it before the concerned Bench on 21 November 2025. 5. On the said date, the parties would ensure that they are represented before the Tribunal and would not seek any adjournment. 6. We reques