Facts
The Original Application (O.A.) was filed by 141 applicants—comprising various Class-IV staff such as Malis, Sweepers, Peons, Chowkidars, and Aayas—working across different Government schools in the Union Territory of Chandigarh.
Source reference: p. 1-13The applicants sought legal relief through a joint application against the Chandigarh Administration and the Ministry of Home Affairs.
Source reference: p. 13-15Along with the O.A., a Miscellaneous Application (M.A. No. 1093/2026) for "Joining Together" was filed to allow the group to litigate as a single unit.
Source reference: p. 15During the hearing, the applicants' counsel requested to withdraw the petition to reformulate the claims.
Source reference: p. 15Issues
1. Whether the applicants should be permitted to withdraw the current Original Application and Miscellaneous Application with the liberty to file fresh, institution-wise segregated petitions.
Source reference: p. 15Law Applied
The Court applied the procedural principle regarding the withdrawal of suits with liberty to file afresh, typically governed by the spirit of Order XXIII Rule 1 of the Code of Civil Procedure (and corresponding Tribunal rules), which allows a party to withdraw a proceeding with the court's permission to bring a new action if there are formal defects or sufficient grounds.
Source reference: no citationReasoning
The counsel acknowledged the need for better particulars and a more organized filing structure, seeking to segregate the 141 applicants based on their specific institutions.
Source reference: p. 15The Bench, presided over by Member (J) Ramesh Singh Thakur and Member (A) Anjali Bhawra, evaluated the request for withdrawal at the preliminary stage.
Source reference: p. 15The Tribunal recognized the necessity of having "better particulars" and "segregated O.As" to effectively adjudicate the specific service grievances of employees belonging to different administrative units/schools.
Source reference: p. 15Holding
The Tribunal dismissed the O.A. and the M.A. No. 1093/2026 as withdrawn.
It granted the applicants liberty to file fresh petitions with improved particulars, organized separately by institution.
Source reference: p. 15No order was made regarding costs.
Source reference: p. 15Original Court PDF
gaya parsadvsEducation Deptt., Ut Chandigarh
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in