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Navneet Kumar Sharma & Ors vs Council Of Scientific And Industrial ... on 20 July, 2020

Author: Siddharth Mridul

Bench: Siddharth Mridul, Talwant Singh

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*           IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 9070/2014

       NAVNEET KUMAR SHARMA & ORS           .....Petitioners
                  Through: Mr. Vaibhav Vutts and Ms. Aamna
                           Hasan, Advocates

                         versus

       COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH
       (CSIR) & ANR                           ..... Respondents
                    Through: Mr. Arun Sanwal, Advocate for
                             R-1/CSIR
                             Mr. Arun Bhardwaj, CGSC with Mr.
                             Abhishek Sharma and Mr. Nikhil
                             Bhardwaj, Advocates for R-2

       CORAM:
       HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
       HON'BLE MR. JUSTICE TALWANT SINGH
                               ORDER

% 20.07.2020 The present matter has been taken up for hearing by way of Video Conferencing on account of COVID-19 pandemic. CM APPL.15538/2020 (Exemption) The present application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the applicant/respondent No.1 seeking exemption from filing duly attested affidavits through Notary/Oath Commissioner, in support of the accompanying applications.

For the reasons stated in the application and in view of the present prevailing situation, the same is allowed. The applicant/respondent No.1 is W.P.(C) 9070/2014 Page 1 of 3 allowed to file the duly signed and attested affidavits within a period of one week from the date of resumption of regular functioning of the Court.

With the above direction, the present application is disposed of. CM APPL.15537/2020 (Condonation of Delay) The present application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the applicant/respondent No.1 seeking condonation of delay of 60 days in filing CM APPL. 15536/2020.

Issue notice.

Counsel, as above, accept notice on behalf of the non-applicants and fairly do not oppose this application.

In view of the foregoing and in the interest of justice, the present application is allowed. The delay of 60 days in filing the CM APPL. 15536/2020 is condoned.

The application is disposed of accordingly.

The present application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the applicant/respondent No.1 seeking extension of the time granted by this Court vide order dated 26.11.2019, whereby they were ordered to recompute the pensionary benefits to the petitioners by taking into account the special pay granted to them, within 8 weeks from that day, which was the subject matter of the instant writ petition.

Issue notice.

Counsel, as above, accept notice on behalf of the non-applicants. Learned counsel appearing on behalf of the respondent No.1/CSIR states that although they have initiated the process in pursuance to the W.P.(C) 9070/2014 Page 2 of 3 directions issued by this Court, an extension has been necessitated on account of the prevalent Covid-19 pandemic.

Having heard learned counsel appearing on behalf of the parties and perused the petition paper book as well as the said order dated 26.11.2019, the respondent No.1/CSIR is granted a further extension of 12 weeks to issue necessary orders for recomputing the pensionary benefits, that enure to the benefit of the petitioners, by taking into account the special pay granted to them, strictly in terms of the said order dated 26.11.2019.

No other directions are called for.

With the above directions, the application is disposed of.

SIDDHARTH MRIDUL, J TALWANT SINGH, J JULY 20, 2020 dn/as W.P.(C) 9070/2014 Page 3 of 3