GOVT OF NCT OF DELHI & ORS vs DR. H.C GUPTA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 18.03.2026 Judgment pronounced on: 04.05.2026 Judgment uploaded on: 04.05.2026 + W.P.(C) 4705/2018 & CM APPL. 20533/2023, CM APPL. 47780/2023, CM APPL. 10838/2024, CM APPL. 16042/2024 GOVT OF NCT OF DELHI & ORS .....Petitioners Through: Ms. Avnish Ahlawat, SC along with Mr. Nitesh Kumar Singh, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advs. versus DR. H.C GUPTA .....Respondent Through: Mr. Kirtiman Singh, Sr. Adv. along with Mr. Ritwik Saha, Mr. Shaurya Shyam and Mr. Maulik Khurana, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J. : 1. Through the present Writ Petition, the Government of NCT of Delhi [hereinafter referred to as „GNCTD‟] has invoked jurisdiction under Article 226 of the Constitution of India, seeking to quash orders dated 16.02.2016 and 19.03.2018 [hereinafter referred to as „Impugned Orders‟] passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi [hereinafter referred to as „the Tribunal‟] in O.A. No.4303/2014 and C.P. No.89/2017, respectively. Signature Not Verified Signed By:JAI NARAYAN Signing Date:04.05.2026 W.P.(C) 4705/2018 Page 1 of 19 12:33:32 2. The Tribunal, while passing the Impugned Orders, proceeded on the premise that the Respondent was entitled to regularization from the date of initial appointment, i.e., 1998, and consequently held that the grant of regularisation with effect from 07.10.2008 did not amount to full compliance of its earlier directions, thereby directing GNCTD to effect complete compliance in those terms. 3. During the course of hearing, learned Counsel representing GNCTD has raised a short and crisp question for adjudication, namely, whether an ad hoc employee, in the