Facts
Twenty-five applicants, representing diverse job designations including Nursing Officers, Accountants, Data Entry Operators, Ward Attendants, and Multi-Tasking Staff (MTS), filed a joint Original Application (OA) against the Ministry of Ayush and the National Institute of Unani Medicine.
Source reference: p. 1-4During the proceedings on April 16, 2026, the counsel for the applicants presented arguments but subsequently sought the Tribunal's permission to withdraw the current OA.
Source reference: p. 6, para 1This request was made to enable the filing of separate OAs tailored to each specific category of employees involved in the litigation.
Source reference: p. 6, para 1Issues
1. Whether the applicants may be permitted to withdraw the joint Original Application with liberty to file fresh, separate applications for each distinct category of employees.
Source reference: p. 6, para 1Law Applied
The Tribunal applied procedural principles governing the withdrawal of applications under the Central Administrative Tribunal (Procedure) Rules, 1987.
Source reference: p. 6, para 1-2It recognized the principle of dominus litis, which allows a petitioner to withdraw a suit, and the discretionary power of the court to grant "liberty" to refile to avoid the bar of res judicata or procedural technicalities related to the misjoinder of parties and causes of action.
Source reference: p. 6, para 1-2Reasoning
The court observed that the applicants held significantly different roles and categories of employment, ranging from professional nursing staff to manual staff like Ward Attendants and Massagers.
Source reference: p. 1-4During the hearing, the applicants' counsel determined that the diverse nature of these roles necessitated separate legal challenges rather than a single omnibus petition.
Source reference: p. 6, para 1The Tribunal accepted this procedural strategy, noting that the counsel sought withdrawal only after arguing for some time.
Source reference: p. 6, para 1By granting liberty to file separate OAs, the Tribunal ensured that the merits of each category’s grievances could be adjudicated independently without the procedural complications of a multi-category joint filing.
Source reference: p. 6, para 1-2Holding
The Tribunal granted the applicants' request to withdraw the petition.
The Original Application (OA No. 1411/2026) was dismissed as withdrawn, with explicit liberty granted to the applicants to file separate OAs for each category of employees.
Source reference: p. 6, para 1-2All pending Miscellaneous Applications (MAs) were disposed of accordingly, and no orders were made as to costs.
Source reference: p. 6, para 2Original Court PDF
PRERNA PALvsNATIONAL INSTITUTE OF UNANI MEDICINE
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