Facts
Fifty-six applicants, employed in various capacities (Statistical Assistants, Lower Division Clerks, and Peons) within the Department of Women Child Development, Government of NCT of Delhi (GNCTD), approached the Central Administrative Tribunal seeking regularization of their services
Source reference: p. 1-13Along with the Original Application (O.A.), the applicants filed Miscellaneous Applications (M.A.) for joining together in a single petition and for exemption from certain procedural requirements
Source reference: p. 13On the date of the hearing, the counsel for the applicants sought leave to withdraw the O.A. with the liberty to refile a rectified application if necessary
Source reference: p. 13Issues
1. Whether the fifty-six applicants should be permitted to join together in a single petition based on a common cause of action.
Source reference: p. 132. Whether the applicants may be granted liberty to withdraw the present O.A. and approach the Tribunal again with a rectified application.
Source reference: p. 13-14Law Applied
The Tribunal applied the procedural principles governing joint applications before the Central Administrative Tribunal, which permit multiple parties to join a single O.A. provided they share a common cause of action and seek common relief
Source reference: p. 13The Tribunal exercised its discretionary power to allow the withdrawal of a petition with "liberty to approach again," a principle analogous to Order XXIII Rule 1 of the Code of Civil Procedure, 1908, ensuring that a withdrawal on technical or procedural grounds does not preclude a future hearing on the merits
Source reference: p. 14Reasoning
The Tribunal first addressed the procedural application (M.A. No. 1846/2026) for joining together.
Source reference: p. 13It observed that all 56 applicants were seeking regularization against a common cause of action and were pursuing identical reliefs; thus, in the interest of judicial economy, the request for a single O.A. was granted
Source reference: p. 13Regarding the main matter, the Tribunal noted that the applicants' counsel chose to withdraw the O.A. at the threshold stage
Source reference: p. 13The Tribunal accepted this withdrawal but explicitly preserved the applicants' right to refile, stating that any "rectified O.A." subsequently filed would be adjudicated strictly on its own merits without prejudice from the current withdrawal
Source reference: p. 14Holding
The Tribunal allowed M.A. No. 1846/2026 (joining together) and M.A. No. 1845/2026 (exemption)
The Original Application (O.A. No. 1412/2026) was dismissed as withdrawn.
Source reference: p. 13The Tribunal granted the applicants liberty to approach the Tribunal again, clarifying that a rectified O.A. would be dealt with on its merits.
Source reference: p. 14No order as to costs was passed
Source reference: p. 14Original Court PDF
DURGESHvsDEPARTMENT OF WOMAN AND CHILD DEVELOPMENT
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