CAT - ['Delhi']

Petition dismissed as withdrawn with liberty granted to file a rectified application on merits.

DURGESH vs DEPARTMENT OF WOMAN AND CHILD DEVELOPMENT

CAT - ['Delhi']JUDGMENT: April 18, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 1-13

Along 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. 13

On 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. 13
02

Issues

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. 13

2. 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. 13-14
03

Law 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. 13

The 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. 14
04

Reasoning

The Tribunal first addressed the procedural application (M.A. No. 1846/2026) for joining together.

Source reference: p. 13

It 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. 13

Regarding the main matter, the Tribunal noted that the applicants' counsel chose to withdraw the O.A. at the threshold stage

Source reference: p. 13

The 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. 14
05

Holding

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. 13

The 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. 14

No order as to costs was passed

Source reference: p. 14
CAT - ['Delhi']

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DURGESHvsDEPARTMENT OF WOMAN AND CHILD DEVELOPMENT

CAT - ['Delhi'] · April 18, 2026

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