Dr Devinder Kumar And Ors vs The Secratary Dtte
- Court
- Delhi High Court
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC010506482026
+ W.P.(C) 15545/2026, CM APPL. 72915/2026 & CM APPL.
72916/2026
DR DEVINDER KUMAR AND ORS .....Petitioners
Through: Mr. P.R. Abhimanyu
Karthikeya Raja, Mr. Devesh Maurya and
Mr. Praveen Swarup, Advs.
versus
THE SECRETARY DTTE .....Respondent
Through: Ms. Avnish Ahlawat, SC with
Mr. Nitesh Kumar Singh and Ms. Aliza
Alum, Advs. with Mr. B.S. Rawat, CI DTTE
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
HON'BLE MS. JUSTICE NIVEDITA ANIL SHARMA
ORDER (ORAL)
% 16.10.2026
C.HARI SHANKAR, J.
1. The petitioners were the applicants before the Central
1
Administrative Tribunal in OA D. No. 11173/2026.
2. They assailed Office Memorandum dated 7 April 2026 issued
by the Department of Training and Technical Education, Government
of National Capital Territory of Delhi, which reads thus:
“GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI
1
“Tribunal” hereinafter
Signature Not Verified
Digitally Signed By:AJIT
KUMAR
Signing Date:30.10.2026
14:57:23
W.P.(C) 15545/2026 Page 1 of 8
DEPARTMENT OF TRAINING & TECHNICAL EDUCATION
MUNI MAYA RAM MARG, PITAMPURA, DELHI 110034
(ALLOTMENT BRANCH)
No.F.24(02)/DTTE/Allot/2026/108
Dated: 07/04/2026
OFFICE MEMORANDUM
Subject: Inviting applications (in Offline Mode), for Shifting
of allotees residing in Type-II, Type-III, Type-IV & Type-V
Government Accommodation of G. B. Pant Polytechnic
Residential Campus, under DTTE Pool.
All the allottees already residing in Type-II, Type-III,
Type-IV and Type-V quarters of G. B. Pant Polytechnic
Residential Campus are hereby informed that these quarters are
planned to be demolished by the PWD, GNCTD. Therefore, all the
allottees are hereby requested to either fill the prescribed performa
attached as Annexure-1 for shifting to any other Government
accommodation as available under DTTE Pool OR the allotees
may find any alternate arrangement at their own level to vacate the
Government Accommodation. As per records, details of Govt.
Accommodation under DTTE Pool situated at various locations are
mentioned below:-
Sl.
No.
Location Type of Govt.
accommodation, where
available
1. Meerabai Institute of
Technology Residential
Campus, Maharani Bagh
Delhi.
Type-I, III, Type-IV.
2. ITI Arab Ki Sarai (Sunlight
Colony Campus Residential
Campus) Delhi, Nizamuddin,
Delhi.
Type-I, Type-IV.
3. Kasturba Institute of
Technology Residential
Campus, Pitampura, Delhi.
Type I
4. Aryabhatt Institute of
Technology Residential
Campus, Ashok Vihar, Delhi.
Type-II, Type-III and
Type-IV
5. ITI Shahdara Residential
Campus, Delhi.
Type II and Type-III
6. ITI Pusa Residential Campus,
Pusa, Delhi.
Type-II to Type-V
Signature Not Verified
Digitally Signed By:AJIT
KUMAR
Signing Date:30.10.2026
14:57:23
W.P.(C) 15545/2026 Page 2 of 8
Terms and Conditions for allotment under DTTE Pool:-
1. Allotment will be made on the basis of Allotment/Shifting
Rules of DTTE, as amended time to time/Policy of Allotment of
Govt. accommodation as governed by PWD, GNCTD and FRSR
allotment rules.
2. All desirous allottees who are interested to shift may apply
in prescribed Performa attached as Annexure-1.
3. Applications (if any) shall be sent to this office on or before
30.04.2026 (4:00 PM).
4. Only those applications, which are received through the
concerned. Head of Office in the prescribed enclosed Performa,
will be considered.
5. Applicants may give preference for particular localities.
However, accommodation will be allotted subject to availability of
accommodation and as per rule position as mentioned in point 1
above.
6. All the columns of application Performa should be filled up
properly, neatly and no column should be left blank.
7. Incomplete applications will not be considered and shall be
rejected summarily.
8. Applications received after due date will not be considered.
9. Employees drawing salary in Level 1 to Level 14 in the pay
matrix are eligible for allotment.
10. Applications (if any) previously received in this office shall
not be considered and allottee has to apply afresh to be considered
for allotment in this HAC meeting.
Last date for receiving application in this office is
30.04.2026. Application received after 30.04.2026 will not be
considered.
Further the Estate Manager/Principal, Jija Bai ITI for
Women, Siri Fort, August Kranti Marg, New Delhi-110049 is
requested to ensure that the contents of this letter are brought to the
notice of occupants already residing in Type-II, Type-II, Type-IV
and Type-V quarters of G. B. Pant Polytechnic Residential Campus
so that interested officers/officials may apply timely for shifting of
Signature Not Verified
Digitally Signed By:AJIT
KUMAR
Signing Date:30.10.2026
14:57:23
W.P.(C) 15545/2026 Page 3 of 8
Government accommodation.
This issue with the prior approval of Competent Authority.
Yours faithfully
SECTION OFFICER (ALLOTMENT)”
3. Before the Tribunal, the petitioners submitted that they were not
opposing the proposed demolition and re-development of the area,
including the accommodation in their possession. However, they
sought permission to vacate their quarters and shift elsewhere in a
phased manner, and further prayed that they be permitted to continue
in the existing accommodation till it was actually required for re-
development.
4. The Tribunal has not returned any findings on the merits of the
controversy, as it has expressed the opinion that the controversy lay
outside its jurisdiction. We may reproduce, for this purpose, paras 7
and 8 of the impugned order, thus:
“7. In our opinion, the relief sought by the applicants is not a
matter which falls within the jurisdiction of this Tribunal, as the
same is not in the nature of a service matter. In substance, the
applicants seek interference with the manner and timing in which
the respondents propose to undertake the demolition and
redevelopment of the campus. The relief sought is also in the
nature of a PIL, as the applicants seek to question the manner in
which a larger redevelopment project is to be implemented rather
than any service condition affecting them in their capacity as
employees.
8. Any interference at this stage would, in our considered
view, amount to interfering with the overall
demolition/restructuring plan undertaken by the PWD/GNCTD
pursuant to the redevelopment project. The Tribunal is neither
equipped to examine the engineering and administrative aspects of
Signature Not Verified
Digitally Signed By:AJIT
KUMAR
Signing Date:30.10.2026
14:57:23
W.P.(C) 15545/2026 Page 4 of 8
such a redevelopment plan nor is it the appropriate forum for
raising such a grievance. The question as to which portion of the
campus is to be demolished and when, and consequently when the
occupants of the residential quarters are required to be shifted, is a
matter for the competent authorities to determine in
implementation of the approved redevelopment project.”
5. To our mind, there is some degree of conflict between paras 7
and 8 of the impugned order. In para 7, the Tribunal holds that the
relief sought by the petitioner was outside its jurisdiction. It has also
held that the relief was in the nature of a public interest litigation.
6. Despite this, in para 8, the Tribunal has gone on to return
findings on merits as well.
7. To our mind, once the Tribunal felt that it did not possess the
jurisdiction in the matter, it ought to have stopped there and relegated
the petitioners to alternate remedies. It could not have further
proceeded, in para 8, to speak on the merits of the issue.
8. In so far as the findings of the Tribunal that it lacked
jurisdiction in the matter is concerned, we are unable to subscribe to
the view expressed by the Tribunal.
9. Clearly, the lis raised by the petitioners is not in the nature of a
public interest litigation as the petitioners were ventilating their
individual grievances in being uprooted from the quarters which were
in their accommodation.
10. The Tribunal also holds that the dispute was not a “service
Signature Not Verified
Digitally Signed By:AJIT
KUMAR
Signing Date:30.10.2026
14:57:23
W.P.(C) 15545/2026 Page 5 of 8
2
matter”. We may note that Section 14(1)(c) of the Administrative
3
Tribunals Act, 1985 extends the jurisdiction of the Tribunal to “all
service matters concerning … a person appointed to any civil service
of the Union or any civil post under the Union”. It cannot be disputed
that the petitioners are the holders of civil posts under the Union of
India. In respect of any “service matter” concerning them, therefore,
the Tribunal would be possessed of jurisdiction.
11. “Service matter” is defined in Section 3(q) of the AT Act, thus:
“3. Definitions - In this Act, unless the context otherwise
requires –
*
(q) “service matters”, in relation to a person, means all matters
relating to the conditions of his service in connection with the
affairs of the Union or of any State or of any local or other
authority within the territory of India or under the control of the
Government of India, or, as the case may be, of any corporation [or
society] owned or controlled by the Government, as respects-
(i) remuneration (including allowances), pension and
other retirement benefits;
(ii) tenure including confirmation, seniority, promotion,
reversion, premature retirement and superannuation;
(iii) leave of any kind;
(iv) disciplinary matters; or
2
14. Jurisdiction, powers and authority of the Central Administrative Tribunal .-
(1) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal
shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable
immediately before that day by all courts except the Supreme Court in relation to-
*
(c) all service matters pertaining to service in connection with the affairs of the
Union concerning a person appointed to any service or post referred to in sub-clause (ii)or
sub-clause (iii) of clause (b), being a person whose services have been placed by a State
Government or any local or other authority or any corporation [or society] or other body,
at the disposal of the Central Government for such appointment.
3
“AT Act” hereinafter
Signature Not Verified
Digitally Signed By:AJIT
KUMAR
Signing Date:30.10.2026
14:57:23
W.P.(C) 15545/2026 Page 6 of 8
(v) any other matter whatsoever;”
12. Thus, “service matters” would encompass all matters relating to
the conditions of service of the petitioners.
13. The expression “conditions of service” has been further defined
4
by the Supreme Court in State of M.P. v. Shardul Singh as
encompassing all terms and conditions of service of an employee from
the time he is recruited in the government service till his retirement
and even thereafter, to the extent it is relatable to the service rendered
by the employee.
14. In as much as the government accommodation which was
allotted to the petitioners was one of the conditions attending their
service with the respondent, their entitlement to the accommodation
has to be treated as being included in their “conditions of service”. If,
therefore, the petitioners were being asked to vacate the said
accommodations, the grievance raised in that regard, irrespective of its
merits, would be entitled to be treated as “service matter” within the
meaning of Section 14(1)(c) of the AT Act.
15. We, therefore, are of the view that the Tribunal was not correct
in its opinion that it lacked jurisdiction to entertain the dispute.
16. We, therefore, set aside the impugned order and remand OA D.
No. 11173/2026 to the Tribunal for consideration de novo.
4
(1970) 1 SCC 108
Signature Not Verified
Digitally Signed By:AJIT
KUMAR
Signing Date:30.10.2026
14:57:23
W.P.(C) 15545/2026 Page 7 of 8
17. In order to expedite matters, the parties would appear before the
Tribunal on 30 October 2026. Neither side would seek any
adjournment on the said date.
18. Given the nature of the dispute, we request the Tribunal to deal
with it as expeditiously as possible.
19. We further direct that the de novo decision would be taken
uninfluenced by any observations contained in the impugned order
including the observations contained in para 8 thereof.
20. The writ petition is allowed to the aforesaid extent with no
orders as to costs.
C.HARI SHANKAR, J.
NIVEDITA ANIL SHARMA, J.
OCTOBER 16, 2026/ AR
Signature Not Verified
Digitally Signed By:AJIT
KUMAR
Signing Date:30.10.2026
14:57:23
W.P.(C) 15545/2026 Page 8 of 8