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Delhi High Court - Orders

Rural Electrification Corporation ... vs Union Of India & Ors on 23 August, 2021

Author: V. Kameswar Rao

Bench: V. Kameswar Rao

$~12
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 5063/2020
       RURAL ELECTRIFICATION CORPORATION OFFICERS
       ASSOCIATION
                                                   ..... Petitioner
                    Through: Mr. Rakesh K. Khanna, Sr. Adv. with
                              Mr. Pramod Gupta and Ms. Pragya
                              Agrawal, Advs.

                           versus

       UNION OF INDIA & ORS.
                                                            ..... Respondents
                           Through:    Ms. Bharathi Raju, CGSC for UOI &
                                       R-3
                                       Mr. Anand Verma and Mr. Apoorva
                                       Pandey, Advs. for R-2

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

% 23.08.2021 This matter is being heard today, through video-conferencing, as August 20, 2021 has been declared holiday on account of Muharram.

1. Mr. Rakesh K. Khanna, learned Senior Advocate for the petitioner, insists on the hearing of the petition. In fact, he has taken the Court through the impugned order and the challenge made by the petitioner to the same. He has also showed me the orders passed in different writ petitions filed by similarly placed employees of the PSUs including the one which has been filed / decided by this Court wherein according to him, the order dated December 23, 2013 has been quashed.

2. On the other hand, Ms. Bharathi Raju, learned CGSC for respondent Nos.1 and 3, submits that as per her instructions the Inter-Ministerial Committee constituted has submitted its report to the Ministry of Power and the matter is under consideration of the said Ministry. According to her as the decision has to be taken up by the Cabinet, a note for consideration by the Cabinet shall be prepared on or before August 31, 2021 and sent for a decision of the Cabinet. Ms. Raju also states that in the affidavit filed on May 19, 2021 six months' time have been sought for taking a final decision in that regard.

3. The submission of Ms. Raju is opposed by Mr. Khanna by drawing my attention to various orders passed by this Court including the order dated October 14, 2020, wherein learned counsel for the respondent Nos.1 and 3 had sought twelve weeks' time to file counter affidavit for the reason that the matter is under active consideration of the respondents. He has also drawn my attention to order dated December 08, 2020, wherein the counsel for the respondent Nos. 1 and 3 had sought further three months' time on the ground that that the exercise is likely to be completed within that period. Even on April 15, 2021, the counsel for respondent Nos. 1 and 3 stated that the respondents have taken a decision to constitute an Inter-Ministerial Committee for considering the issue raised by the petitioners in this petition. Suffice to state, the orders referred above have been passed on the asking of the respondent Nos. 1 and 3 and time has been granted by this Court for taking a final decision. It is not clear as to when the final decision shall be taken.

4. Since the learned counsel for the respondent Nos. 1 and 3 has stated that a Cabinet Note shall be prepared on or before August 31, 2021, to be placed before the Cabinet for a decision, I deem it appropriate to renotify the matter on September 03, 2021, to know the progress made to take a final decision on the issue.

V. KAMESWAR RAO, J AUGUST 23, 2021/bh