Delhi High Court - Orders
Amit Hansda vs Union Of India And Ors on 25 May, 2021
Author: Rajiv Sahai Endlaw
Bench: Rajiv Sahai Endlaw, Amit Bansal
$~(1-3)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4997/2021
AMIT HANSDA ..... Petitioner
Through: Mr. Ankur Chibber, Mr. Anshuman
Mehrotra with Mr. Nikunj Arora,
Advocates.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Ms. Nidhi Raman, CGSC with Mr.
Akshat Singh, GP.
AND
+ W.P.(C) 4998/2021
HARJEET SINGH ..... Petitioner
Through: Mr. Ankur Chibber, Mr. Anshuman
Mehrotra with Mr. Nikunj Arora,
Advocates.
versus
UNION OF INDIA AND ORS. .... Respondents
Through: Ms. Nidhi Banga, Sr. Panel Counsel.
AND
+ W.P.(C) 5015/2021
ALOK PATEL ..... Petitioner
Through: Mr. Ankur Chibber, Mr. Anshuman
Mehrotra with Mr. Nikunj Arora,
Advocates.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Shashank Bajpai with Mr.
Kavindra Gill, Advocates for UOI/R-
1 to 4.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 25.05.2021
[VIA VIDEO CONFERENCING]
W.P.(C) 4997/2021 and connected matters Page 1 of 3
C.M. No. 15319/2021 in W.P.(C) 4997/2021 (for exemption) C.M. No. 15321/2021 in W.P.(C) 4998/2021 (for exemption) C.M. No. 15374/2021 in W.P. (C) 5015/2021 (for exemption)
1. Allowed, subject to just exceptions and as per extant rules.
2. The applications are disposed of.
W.P.(C) 4997/2021 & C.M. No.15318/2021 (for stay) W.P.(C) 4998/2021 & C.M. No. 15320/2021 (for stay) W.P. (C) 5015/2021 & C.M. No. 15373/2021 (for stay)
3. The petitioner, in each of the three petitions, was enrolled as Constable (GD) in the respondents Sashastra Seema Bal (SSB) but suffered injury while undergoing the Recruit Training Course (BRTC) and owing whereto, was sent back from the training camp to the respective battalions and after regaining medical fitness, was sent back for training and completed the training and whereafter was continuing in the service of the respondents SSB. However subsequently, realising that the SSB Combatised (General Duty) Group 'C' posts Recruitment Rules, 2011 required the training to be completed within two years and the petitioners had been permitted to complete their training beyond the said period, the services of the petitioners were terminated and the appeals preferred by the petitioners dismissed.
4. There is a spate of earlier writ petitions, at the stages of show cause notice and after the orders of termination; all have however been disposed of.
5. The counsel for the petitioners today states that the petitioner in W.P.(C) 5015/2021 has been served an order dated 7th May, 2021 of the respondents SSB, reinstating the petitioner therein subject to the final decision of the respondent Ministry of Home Affairs qua the relaxation of the Rule requiring training to be completed within two years in respect of W.P.(C) 4997/2021 and connected matters Page 2 of 3 force personnel who have completed their BRTC and are presently continuing in service. It is thus stated that in view of the said order dated 7th May, 2021, the cause of action with which WP(C) 5015/2021 was presently filed, no longer survives.
6. The counsel for the petitioners further states that the petitioners in the other two petitions, being W.P.(C) 4997/2021 and W.P.(C) 4998/2021, are identically placed but have not received the orders, if any passed, qua them.
7. The counsel for the respondents SSB in W.P.(C) 4998/2021 states that the facts of the petitioner therein are identical to those in W.P.(C) 5015/2021 and a similar order qua the petitioner in W.P.(C) 4998/2021 has already been passed and the petitioner ordered to be reinstated.
8. The need to keep W.P.(C) 4997/2021 pending, in the aforesaid circumstances, is not felt. If the similar order, as passed qua the petitioners in other petitions, is not received by the petitioner in W.P.(C) 4997/2021 within two weeks, the petitioner therein shall have liberty to revive the present petition.
9. In terms of the aforesaid, all the petitions are disposed of.
RAJIV SAHAI ENDLAW, J AMIT BANSAL, J MAY 25, 2021 sr W.P.(C) 4997/2021 and connected matters Page 3 of 3