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Delhi High Court - Orders

Rural Electrification Corporation ... vs Union Of India & Ors on 14 February, 2022

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~30
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    W.P.(C) 5063/2020
                                     RURAL ELECTRIFICATION CORPORATION
                                     OFFICERS ASSOCIATION
                                                                                 ..... Petitioner
                                                      Through: Mr.Pramod Gupta and Ms.Pooja
                                                               Kapur, Advocates.

                                                    versus
                                      UNION OF INDIA & ORS.
                                                                                                 ..... Respondents
                                                          Through:        Ms.Bharathi       Raju, CGSC for
                                                                          applicant.
                                                                          Mr.Anand Verma and Ms.Apoorva
                                                                          Pandey, Advocates for R2/REC

                                    CORAM:
                                    HON'BLE MR. JUSTICE YOGESH KHANNA
                                                    ORDER

% 14.02.2022 CM APPL.No.7997/2022

1. The hearing has been conducted through Video Conferencing.

2. This application is moved by respondent No.2 for extension of the time as was granted by this Court in its judgment dated 10.11.2021, as under:-

48. If that be so, in respect of the respondent No.2 / REC, the impugned Order dated December 27, 2013 needs to be set aside. It is ordered accordingly. The respondent No.1 in consultation with the respondent No.2 shall consider the matter afresh and take a decision within a period of three months from today.

3. The learned counsel for respondent No.2 submits vide aforesaid order dated 10.11.2021, while setting aside the impugned order dated 27.12.2013 issued by respondent No.1 in respect of respondent No.2, it was directed Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:15.02.2022 11:48 the respondent No.1 i.e. Ministry of Power to consider the matter afresh in consultation with the respondent No.2 and to take a decision within a period of three months from 10.11.2021.

4. It is stated the respondent No.1 has started the process and since the regularization of pay scales is a policy decision and the process involves inter-ministerial consultations, and a decision of the Union Cabinet based on the comments and views of all Stakeholder, Ministries and Department need to be taken. It is alleged inter-ministerial consultations are underway and most of the stakeholder Departments have already provided their views on the matter.

5. During the course of arguments, the learned counsel for respondent No.2 submits now since the approval of all the Ministries has been accorded a cabinet note has been submitted in January 2022 and is pending with Cabinet to take a decision thereon and hence for this reason an extension of time is required since the Cabinet has put certain queries to Department of Personnel and Training (DoPT).

6. The learned counsel for applicant seeks further six months time so the directions given in the judgment dated 10.11.2021 be complied with fully.

7. The learned counsel for appellant objects to the same submitting aforesaid process has been carried out since the last 2-3 years and Government is not expeditiously taking action in the matter. The learned counsel for respondent No.2 however submits they are acting in line with the decision of this Court.

8. In the circumstances, let time as indicated in para No.48 of the judgment dated 10.11.2021 is further extended by four months from today as a final opportunity to the respondents.

Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:15.02.2022 11:48

9. In view of above, the application stands disposed of.

YOGESH KHANNA, J.

FEBRUARY 14, 2022 M Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:15.02.2022 11:48