Applicants may withdraw the original application; interim protection consequently stands vacated.

The seven applicants had instituted O.A. No. 1709/2022 before the Central Administrative Tribunal against the Union of India and authorities of Kalawati Saran Children’s Hospital/Lady Hardinge Medical College.

During the pendency of the O.A., the applicants instituted separate proceedings seeking regularization and obtained interim protection in those proceedings.

In view of these subsequent developments, they filed M.A. No. 4443/2026 seeking permission to voluntarily withdraw the present O.A.

The respondents stated that they had no objection to the withdrawal.

Whether the applicants should be permitted to withdraw O.A. No. 1709/2022 in view of the separate regularization proceedings instituted by them and the interim protection granted therein.

Whether any interim order or pending miscellaneous application in the withdrawn O.A. should continue thereafter.

The Tribunal applied the procedural principle that an applicant may voluntarily withdraw proceedings when the withdrawal is consciously sought and no prejudice or objection is demonstrated by the opposing party.

It further applied the consequential rule that, upon dismissal of an original application as withdrawn, interim orders granted in that proceeding ordinarily cease to operate, and pending miscellaneous applications are disposed of accordingly.

The applicants expressly sought withdrawal because they had pursued separate proceedings for regularization and had secured interim protection in those proceedings.

Since the respondents raised no objection, the Tribunal found sufficient grounds to permit withdrawal and allowed M.A. No. 4443/2026.

As the O.A. was no longer being adjudicated on its merits, the Tribunal directed that it be dismissed as withdrawn and clarified that any interim protection granted in the O.A. would stand vacated; pending miscellaneous applications were also to be disposed of consequentially.

Consequently, the O.A. was dismissed as withdrawn; any interim order granted therein was vacated; and all other pending miscellaneous applications stood disposed of. No order as to costs was made.