Delhi High Court - Orders
All India Civil Accounts Employees ... vs Union Of India & Anr on 17 March, 2021
Author: Rajiv Sahai Endlaw
Bench: Rajiv Sahai Endlaw, Amit Bansal
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5839/2020
ALL INDIA CIVIL ACCOUNTS
EMPLOYEES ASSOCIATION & ORS. ..... Petitioners
Through: Mrs. Geeta Luthra, Sr. Adv. with Mr.
Vidya Sagar & Ms. Damini Thaker,
Advs.
Versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Dev P. Bhardwaj, Mr. S.
Mukherjee & Mr. Jatin Teotia, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 17.03.2021 CMs No.21116/2020 & 21118/2020 (both for exemption)
1. Allowed, subject to just exceptions & as per extant Rules.
2. The applications are disposed of.
CM No.10568/2021 (of the petitioners for early hearing)
3. Though a ground for early hearing is made out but a perusal of the order sheet shows that this writ petition was being taken up for hearing on each and every date along with W.P.(C) No.4021/2020 and there is no explanation whatsoever in the application, that how the two can be segregated. Else, both the matters are listed on 18th May, 2021.
4. The senior counsel for the petitioners / applicants, on enquiry states that since there is an objection in this petition to the very maintainability thereof and which question does not arise in W.P.(C) No.4021/2020, early W.P.(C) 5839/2020 Page 1 of 2 Signature Not Verified DigitallySigned By:MEENAKSHI PANT Signing Date:22.03.2021 16:30:27 hearing is sought only for decision of the said question and the writ petition can be taken up for hearing on merits on 18th May, 2021 with W.P.(C) No.4021/2020, on the maintainability aspect being decided.
5. On further enquiry, why the aspect of maintainability as well as merits cannot be heard on the same day, it is stated that qua merits, counter affidavit may be required to be filed.
6. We have enquired from the counsel for the respondents appearing on advance notice, whether he has any objection to filing counter affidavit, without prejudice to the aspect of maintainability.
7. No reasons have been given.
8. Accordingly, the application is disposed of. W.P.(C) 5839/2020, CM Nos.21117/2020 (for taking additional documents on record), 23050/2020 (for leave to challenge order dated 3rd March, 2020), 26080/2020 (to place additional documents on record) and 8181/2020 (for early hearing).
9. The respondents may, notwithstanding notice of the petition having not been issued, file counter affidavit, including on the aspect of maintainability as well as on merits, on or before 17th April, 2021.
10. Rejoinder thereto, if any be filed on or before 16th May, 2021.
11. List on 18th May, 2021 as already scheduled.
12. CM No.8181/2021 also of the petitioners for early hearing is disposed of as infructuous.
RAJIV SAHAI ENDLAW, J AMIT BANSAL, J MARCH 17, 2021 „gsr‟ W.P.(C) 5839/2020 Page 2 of 2 Signature Not Verified DigitallySigned By:MEENAKSHI PANT Signing Date:22.03.2021 16:30:27