$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010412802026 + W.P.(C) 12754/2026, CM APPL. 59225/2026, CM APPL. 59226/2026 & CM APPL. 59227/2026 GANESH KUMAR AND ORS .....Petitioners Through: Ms. Hetvi Patel, Mr. Atul Kr. Srivastav, Ms. Anu Priya and Mr. Abhishek Singh, Advocates. versus NATIONAL BUILDING CONSTRUCTION CORPORATION LIMITED (NBCC) INDIA AND ANR. .....Respondents Through: Mr. Suman K. Doval, Advocate for R-1. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 02.09.2026 1. This writ petition seeks the following relief: “a. Issue a Writ of Certiorari or any other appropriate writ, order or direction, quashing and setting aside the impugned Office Order No. 49/2026 dated 24.08.2026 (Annexure P-1), and all consequential termination/discontinuation orders issued or to be issued pursuant thereto qua the Petitioners, as being arbitrary, illegal, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India; b. Issue a Writ of Mandamus or any other appropriate writ, order or direction, restraining Respondent No. 1, its officers, agents and assigns, third party contractor or any other outsourcing/manpower supply agency, from engaging fresh contractual or outsourced personnel in place of, or to perform the duties presently discharged by, the Petitioners; c. Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing Respondent No. 1 to frame and implement a fair, non- arbitrary and transparent policy for regularization of the services of the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2026 at 10:40:34 Petitioners against the posts held by them or equivalent posts, in line with the policy adopted by comparable Central Public Sector Undertakings such as Satluj Jal Vidyut Nigam Limited, and consistent with the law laid down in Jaggo v. Union of India , 2024 INSC 1034, and allied decisions; d. Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing Respondent No. 1 to extend to the Petitioners the benefit of its own Corporate Policy Circular dated 06.12.2025 providing for a maximum permissible contractual tenure of seven years, and to continue the Petitioners in service till completion of the said seven-year tenure; e. Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing Respondent No. 1 to grant the Petitioners parity of remuneration, increments, Dearness Allowance and House Rent Allowance at par with regularly appointed Junior Engineers (Civil and Electrical) performing comparable duties, on the principle of "equal pay for equal work", together with arrears thereof from the date such disparity commenced; f. Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing Respondent No. 1 to decide the Petitioners' pending representation dated 10.02.2025 and subsequent reprsentation in a time- bound manner, by a reasoned and speaking order;” 2. At the outset, counsel for the Respondents objects to the maintainability of the present petition. It is submitted that the Petitioners’ grievance concerns the discontinuance of their contractual engagement with National Building Construction Corporation [“NBCC”], which is included within the purview of the Central Administrative Tribunal [“CAT”] under Section 14(2) of the Administrative Tribunals Act, 1985. The dispute, therefore, falls within the jurisdiction of the CAT. Reliance is placed on the decision of the Supreme Court in L. Chandra Kumar v. Union of India & Ors.,1 wherein it was held that, in areas for which Tribunals have been constituted, they are to function as courts of first instance. The jurisdiction of the High Court under Articles 226 and 227 remains unaffected, but is ordinarily exercised after the matter has first been considered by the Tribunal. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2026 at 10:40:34 3. In view of the aforesaid objection, counsel for the Petitioners seeks leave to withdraw the present petition, with liberty to approach the CAT in accordance with law. 4. Leave and liberty as prayed for, are granted. 5. The Court has not commented on the merits of the case. All rights and contentions of the parties are left open. 6. In the event the Petitioners approach the CAT in accordance with law, the Registry of the CAT shall list the matter before the appropriate Bench expeditiously. 7. Disposed of, along with any pending applications. SANJEEV NARULA, J SEPTEMBER 2, 2026/hc 1 (1997) 3 SCC 261. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2026 at 10:40:34