ALL INDIA INSTITUTE OF MEDICAL SCIENCES & ANR. vs AJAY KUMAR & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 27.08.2025 Pronounced on: 16.09.2025 + W.P.(C) 17307/2024 & CM APPL. 73662/2024 ALL INDIA INSTITUTE OF MEDICAL SCIENCES & ANR. .....Petitioners Through: Mr.Anand Varma and Ms.Apoorva Pandey, Advs. versus AJAY KUMAR & ANR. .....Respondents Through: Mr.Maninder Singh and Mr.Vivek Chib, Sr. Advs. with Mr.Prabhas Bajaj, Mr.Rithvik Mathur, Ms.Mansi Gupta, Mr.Sidharth Sunil, Mr.Rangasaran Mohan, Mr.Amarpal Singh Dua, Advs. for R-1. Mr.Chetanya Puri, SPC, Mr.Jai Vardhan, Ms.Nisha Puri, Ms.Shivi Tiwari, Advs. for UOI. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN JUDGMENT NAVIN CHAWLA, J. 1. This petition has been filed, challenging the Order dated Signature Not Verified Digitally Signed W.P.(C) 17307/2024 Page 1 of 31 By:REYMON VASHIST Signing Date:16.09.2025 18:36:08 24.10.2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, ‘Tribunal’) in R.A. No. 209/2018 in O.A. No. 1297/2016, titled Ajay Kumar v. All India Institute of Medical Sciences & Ors., allowing the Review Application filed by the respondent no.1 herein, and consequentially recalling its Order dated 12.09.2018 passed in the above O.A. thereby allowing the O.A. filed by the respondent no.1, with the following directions:- “33. In the totality of facts and circumstances, as discussed above, we pass the following orders: (i) R.A. No.209/2018 is allowed. The order dated 12.09.2018, whereby the subject O.A. was dismissed, is hereby recalled. (ii) O.A. No.1297/2016 is allowed and it is declared that the applicant‟s appointment to the post of Senior Administrative Officer was on „transfer‟ basis; and his repatriation to the post of Principal Private Secretary is bad in law. (iii) T