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Ravindra Kumar Sood & Anr vs Union Of India & Ors on 22 September, 2021

Author: V. Kameswar Rao

Bench: V. Kameswar Rao

                           $~31/10
                           *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +     W.P.(C) 6925/2020
                                 RAVINDRA KUMAR SOOD & ANR.
                                                                                ..... Petitioners
                                                  Through: Mr.Om Prakash Gupta, Adv.

                                                      versus

                                 UNION OF INDIA & ORS.
                                                                                     ..... Respondents
                                                      Through:     Mr.Sanjoy Ghose, Sr. Adv. with
                                                                   Ms.Urvi Mohan, Adv. for R-3/NTPC

                                 CORAM:
                                 HON'BLE MR. JUSTICE V. KAMESWAR RAO
                                         ORDER

% 22.09.2021 CM APPL. 32983/2021 This application has been filed by the respondent No.3 / NTPC seeking condonation of delay in filing the short affidavit.

For the reasons stated in the application, the same is allowed and the short affidavit is taken on record.

The application is disposed of.

Response to the short affidavit be filed within two weeks from today.

This is an application seeking condonation of delay in filing the amended writ petition.

For the reasons stated in the application, the same is allowed and the amended writ petition is taken on record.

The application is disposed of.

This application has been filed by the petitioner with the following prayers:

"Direct the respondent No.3 to pay the PRP from 5% distributable profit to all category of employees for the year 2020-2021 of their percentage of Basic Pay.

OR Direct to deposit 50% of 5% of allocable profit in the fixed deposit till the final disposal of case in the interest of workers keeping in view that it would be difficult to recover the workers and Supervisors share of profit on succeeding the writ.

OR Stay the distribution of Profit Sharing/PRP only to the Executive employees for the year 2020-21 as the same is unjust, unfair and violative of Article 14 &16 of the Constitution of India;"

Though the prayers made are in the alternative, this Court is of the view that the same cannot be granted for the following reasons:

I. In so far as the Executives are concerned, it is the conceded case that they have been granted PRP in terms of the instructions issued by the Department of Public Enterprise.

II. In so far as the prayer that the amount of allocable profit be put in a fixed deposit till the final disposal of the case is concerned, that shall be contrary to the guidelines of the DPE which permits the payment of PRP to the executives.

III. In so far as the third alternative of staying the distribution of PRP is concerned, for similar reason that the PRP is being given to the Executives in terms of the guidelines of DPE, the distribution cannot be stayed.

The application is dismissed.

W.P.(C) 6925/2020 I find there is no appearance for UOI. Court notice shall be issued to Mr. Ravi Prakash, learned CGSC, for his appearance on the next of hearing with a direction that he shall file additional affidavit to the amended writ petition within four weeks of receipt of notice. List on January 21, 2022.

V. KAMESWAR RAO, J SEPTEMBER 22, 2021/bh Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:23.09.2021 18:27:47