Delhi High Court - Orders
Kumar Shivam & Ors vs Govt. Of N.C.T. Of Delhi & Ors on 12 January, 2023
$~4 and 5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 24020/2005 to W.P.(C) 24031/2005 & CM APPLs.
15939/2005, 33546/2017, 16628/2019, 9980/2022
KUMAR SHIVAM & ORS. ..... Petitioners
Through: Mr. Shivam Singh and
Mr. Abhinav Singh, Advocates
(Ph. 7210088888, e-mail:
[email protected])
versus
GOVT. OF N.C.T. OF DELHI & ORS ..... Respondents
Through: Mr. Shaan Mohan, Advocate
for R-1.
Mr. Vinay Sabharwal and
Mr. Karunesh Shah, Advocates
for R-2 and 3 (Ph. 9711986718,
e-mail: [email protected])
5.
+ W.P.(C) 6741/2006 to W.P.(C) 6757/2006 & CM APPL.
5502/2006
NARENDER KUMAR GUPTA & ORS. ..... Petitioners
Through: Mr. Shivam Singh and
Mr. Abhinav Singh, Advocates
(Ph. 7210088888, e-mail:
[email protected])
versus
GOVT. OF N.C.T. OF DELHI & ORS ..... Respondents
Through: Mr. Vinay Sabharwal and
Mr. Karunesh Shah, Advocates
for R-2 and 3 (Ph. 9711986718,
e-mail: [email protected])
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
Signature Not Verified
Digitally Signed By:PURAN
SINGH TARIYAL
Signing Date:13.01.2023
15:15:11
ORDER
% 12.01.2023 [Physical Hearing/ Hybrid Hearing]
1. The present writ petitions have been filed with the prayers for directing the respondents to absorb the petitioners on permanent basis in the post of Engg. Grade II/ Junior Engineer/ Asstt. Controller (Electrical)/ Supervisor.
2. It is the case of the petitioners that they have been working with the respondents since the year 2003. Pursuant to status quo order dated 20.12.2005 passed by this Court, the petitioners have continued in services. It is pointed out by learned counsel for the petitioners that as regards W.P.(C) 24020/2005 listed today, there were initially 14 petitioners. However, except two, rest of the petitioners have reached the age of superannuation or left the services of the respondent. Thus, he submits that the present writ petition is now being pursued and pressed only by petitioner Nos. 4 and 10.
3. Attention of this Court is also drawn to Annexures P-19 and P- 20, which are letters dated 07.04.2017 and 02.06.2017 issued by the Department of Power, Government of NCT of Delhi, wherein it has been stated as followed:
" DEPARTMENT OF POWER
GOVT. OF NCT OF DELHI
th
8 Level, B-Wing, Delhi Secretariat, IP Estate, New Delhi - 110002 No. F.ll(99)/2011/Power/Pt. 1/006 Dated: 07/04/2017 Director (HR) IPGCL/PPCL Rajghat Power House Office Complex, Himadri, New Delhi -110002 Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:13.01.2023 15:15:11 Subject: - Regarding regularization of services of contract engineers Grade-II from NPTI engaged! on contract basis consequent upon serving for more than 14 years continuous service to IPGCL Sir Please find enclosed herewith the request of Sh. Md. Imran & Sh. Manoj Kr. Bharadwaj, Contract Engineer (Grade-II), Pragati Power Station-I received in this department vide letter dated 09.03.2017 (copy enclosed) It is requested to take appropriate action as per the rules and guidelines of the organisation under intimation to this department.
Yours faithfully Sudhir Sharma Dy. Secretary (Power) Enclosure: As above.
Copy to:
1. Md. Imran, Contract Engineer (Grade-II), Operation Department, Pragati Power Station-I, IP. Estate, Ring Road, New Delhi.
2. Sh. Manoj Kr. Bharadwaj, Contract Engineer (Grade-II), Operation Department, Pragati Power Station-I, LP. Estate, Ring Road, New Delhi.
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DEPARTMENT OF POWER GOVT. OF NCT OF DELHI 8th Level, B-Wing, Delhi Secretariat, IP Estate, New Delhi - 110002 No. F.ll(99)/2011/Power/Pt. 1/1444 Dated: 02/06/2017 Contract Engineer (Gr. II) Department - Operation Pragati Power Station-I, I.P. Estate, Ring Road New Deihl-110002 Sir With reference to your representation vide letter dated 09.03.2017, IPGCL have submitted the following reply vide letter dated 22.05.2017 in this regard:
"In this connection it is stated that the regularization agenda in r/o two persons i.e. Sh. Manoj Bharadwaj and Md. Imran, Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:13.01.2023 15:15:11 Engineer Gr.II (Diploma Holder) working on contractual basis (directly engaged) was put up and approved by the board. However, the case of regularization is kept in abeyance till the outcome of the court case as opined by the panel advocate."
This is for your kind information please.
Yours faithfully (Chandan Sengupta) Dy. Secretary (Power)"
4. In view of the aforesaid, it is submitted on behalf of the petitioners that since decision in principal had already been taken by the respondent for regularisation of the services of petitioner Nos. 4 and 10 and that the case of regularisation had been kept in abeyance only for awaiting the outcome of the present case, the case of the petitioners may be considered for regularisation by the respondent.
5. Mr. Vinay Sabharwal, Advocate appears on behalf of the respondents and submits that the petitioners have been continued as contractual employees in terms of the status quo order dated 20.12.2005 passed by this Court.
6. In view of the submissions made before this Court, learned counsel for the respondents is directed to take instructions, without prejudice to their rights and contentions, as to whether in terms of the letters dated 07.04.2017 and 02.06.2017, the respondent is ready to regularise the services of the petitioner Nos. 4 and 10.
7. The respondent may consider the case of the petitioners compassionately considering the fact that they have been working with the respondent since the year 2003.Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:13.01.2023 15:15:11
8. List for consideration on 18.05.2023.
MINI PUSHKARNA, J JANUARY 12, 2023/PB Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:13.01.2023 15:15:11