Original Application dismissed as withdrawn with liberty granted to file a fresh application.

Nine applicants, employed across various medical institutions under the Government of NCT of Delhi—including Lal Bahadur Shastri Hospital, Bhagwan Mahavir Hospital, and Maulana Azad Medical College—filed an Original Application (OA) against the Govt. of NCT of Delhi and the Directorate General of Health Services

During the hearing on March 24, 2026, after initial arguments, the counsel for the applicants sought the Tribunal's permission to withdraw the OA with the liberty to file a fresh application

Whether the applicants should be permitted to withdraw the present Original Application with the liberty to file a fresh application

The Tribunal applied the procedural principle regarding the withdrawal of applications, which allows a party to withdraw a legal proceeding while seeking "liberty" to approach the court again on the same cause of action.

This is governed by the discretionary powers of the Tribunal under the Central Administrative Tribunal (Procedure) Rules, 1987, ensuring that a withdrawal does not act as a bar to future litigation if specific permission is granted

The court noted that the learned counsel for the applicants made the request to withdraw the matter "upon instructions" after having argued for some time

The Tribunal found the request for withdrawal with liberty to be permissible. By allowing the withdrawal with "liberty to file a fresh OA," the Tribunal ensured that the applicants’ right to seek judicial redressal in the future was preserved, effectively concluding the current proceedings without adjudicating on the merits of the underlying dispute

The Original Application (OA) was dismissed as withdrawn with liberty granted to the applicants to file a fresh OA

The pending Miscellaneous Application (MA) was disposed of accordingly, and no order was made as to costs