Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Pradeep Kumar Singh vs The Union Of India & Anr on 17 September, 2021

Author: Rajiv Shakdher

Bench: Rajiv Shakdher, Talwant Singh

                          $~13(2021)
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +       LPA 330/2021, CM Nos. 32186-87/2021

                                  PRADEEP KUMAR SINGH                       ..... Appellant
                                                 Through: Mr. Ranjan Dwivedi, Advocate.
                                                 versus
                                  THE UNION OF INDIA & ANR                  ..... Respondents
                                                 Through: Mr. Sarat Chandra, Advocate for R-
                                                          1/UOI.
                                  CORAM:
                                  HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                  HON'BLE MR. JUSTICE TALWANT SINGH
                                           ORDER

                          %                17.09.2021
                                         (Physical Court Hearing)

                          CM No. 32187/2021

1. This is an application filed on behalf of the appellant seeking exemption from filing legible copies.

1.1. The application is disposed of, with the direction that legible copies will be filed, at least, three days before the next date of hearing.

2. This is an application for condonation of delay in filing the appeal. 2.1. We are told that, the delay involved is 42 days.

3. Issue notice.

3.1. Mr. Sarat Chandra accepts notice on behalf of respondent no.1/UOI. 3.2. On steps being taken, notice shall issue to respondent no. 2/Central Electronics Ltd., via all permissible means, including e-mail. 3.3. Reply, if any, will be filed before the next date of hearing.

4. A perusal of the impugned judgment, dated 04.05.2021, shows that, Signature Not Verified Digitally Signed LPA 330/2021 Page 1 of 2 By:HARIOM Signing Date:20.09.2021 10:44:44 the learned single judge dismissed the writ petition filed by the appellant, principally, on the ground that, he was a probationer. 4.1. The learned single judge, after discussing in detail the judgements on this aspect of the matter, on facts, relied upon paragraph 2(a) of the offer of appointment dated 22.07.2017, issued to the appellant and the factum of his consequent acceptance of the offer

5. On the other hand, the appellant had contended, it appears, before the learned single judge that, in his case, the probation period was over, and for this purpose, he relied upon the relevant Rules and the advertisement issued qua the subject post, which is appended on page 229 of the case file. 5.1. In other words, the appellant claimed that his appointment was on permanent absorption basis. For this purpose, the appellant relied upon the Department of Public Enterprises' (DPE) Office Memorandum (OM), dated 14.12.2012.

5.2. These are aspects, which will be examined on the next date of hearing.

6. Mr. Ranjan Dwivedi, learned counsel for the appellant, will file the written submissions, not exceeding three pages, at least, three days before the next date of hearing.

7. List the matter on 24.11.2021, along with application for condonation of delay.

RAJIV SHAKDHER, J TALWANT SINGH, J SEPTEMBER 17, 2021/mr Click here to check corrigendum, if any Signature Not Verified Digitally Signed LPA 330/2021 Page 2 of 2 By:HARIOM Signing Date:20.09.2021 10:44:44