Delhi High Court - Orders
(For Modification Of Order Dated 3Rd ... vs Union Of India & Anr on 9 July, 2021
Author: Rajiv Sahai Endlaw
Bench: Rajiv Sahai Endlaw, Amit Bansal
$~(4-7)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2870/2021, C.Ms. No. 8655/2021 (for stay) & 19970/2021
(for modification of order dated 3rd March, 2021)
DAULAT SINGH BHANDARI AND ORS. ..... Petitioners
Through: Mr. M. K. Bhardwaj, Advocate.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Ms. Mrinalini Sen with Ms. Dacchita
Shahi and Mr. Tanmay Yadav,
Advocates.
AND
+ W.P.(C) 4506/2021, C.M. No. 13790/2021 (for stay)
SUBHASH CHANDRA TRIPATHI & ORS. ..... Petitioners
Through: Ms. Padma Priya with Mr. Anchit
Bhandari, Advocates.
versus
DIRECTORATE GENERAL, INDO TIBETAN BORDER POLICE
FORCE & ORS. ..... Respondents
Through: Mr. Farman Ali, Senior Panel
Counsel with Mr. Athar Raza
Farooquei, Advocate.
Mr. Sagar Saxena and Mr. Parmeet
Singh, Advocates for R-5, 11, 12, 18,
22, 25, 32, 33, 34, 37, 38, 42, 43, 46
and 50.
AND
+ W.P.(C) 3552/2021
TARUN KUMAR BANJAREE AND ORS. ..... Petitioners
Through: Mr. Ankur Chibber, Advocate.
W.P.(C) 3552/2021 and connected matter Page 1 of 4
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. P. Vinay Kumar, Advocate for
R-26
AND
+ W.P.(C) 13176/2019
JAGMOHAN VISHWAKARMA AND ORS. ..... Petitioners
Through: Mr. Naushad Alam, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Vikrant N. Goyal and Mr. Suraj
Kumar, Advocates.
Mr. Sagar Saxena and Mr. Parmeet
Singh, Advocates for R-5, 11, 12, 18,
22, 25, 32, 33, 34, 37, 38, 42, 43, 46
and 50.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 09.07.2021 [VIA VIDEO CONFERENCING]
1. The counsels for the parties state that pleadings in all petitions remain to be completed and seek an opportunity therefor.
2. The pleadings, wheresoever not completed, be completed, with counter affidavits being filed within four weeks and rejoinders thereto, if any being filed within further four weeks thereafter. No further opportunity shall be given.
3. The counsel for the respondents in W.P. (C) 2870/2021 also draws attention to C.M. No. 19970/2021 in W.P. (C) 2870/2021 and seeks order thereon. Vide the said application, the respondents seek W.P.(C) 3552/2021 and connected matter Page 2 of 4 modification/clarification of the order dated 3rd March, 2021, to the extent restraining the respondents from taking any action in pursuance to the impugned seniority list. It is contended that the impugned seniority list is with respect to several posts including that of Assistant Commandants (GD) and the challenge in these petitions is only to the seniority list qua Assistant Commandants (GD); however, the respondents, in view of the width of the order, have not given effect to the seniority list qua other posts also. Clarification/modification is sought, that the respondents are not restrained from giving effect to the seniority list qua posts other than that of Assistant Commandants (GD).
4. Though the order dated 3rd March, 2021, of which modification/clarification is sought is not of this Bench, but in view of the nature of the modification/clarification sought, need is not felt to have the matter placed before the bench which had passed the order dated 3rd March, 2021.
5. The counsel for the petitioners in W.P.(C) 2870/2021 has fairly stated that he has no objection to such clarification.
6. None of the other appearing counsels also have any objection.
7. C.M. No. 19970/2021 in W.P. (C) 2870/2021 is disposed of, clarifying that in pursuance to the order dated 3rd March, 2021, the respondents have been restrained from taking action in pursuance to the impugned seniority list qua Assistant Commandants (GD) only and not qua other posts to which the subject seniority list pertains.
8. List the writ petitions for hearing on 26th October, 2021.
9. Interim orders, wherever granted, to continue.
10. The counsel for the petitioner and the counsel for the respondent No. W.P.(C) 3552/2021 and connected matter Page 3 of 4 26 in W.P.(C) 3552/2021, at this stage, state that the controversy in W.P.(C) 3552/2021 is entirely different from the controversy in other petitions and W.P.(C) 3552/2021 has been wrongly clubbed with these petitions.
11. On enquiry, it is stated that in W.P. (C) 3552/2021, rejoinder is required to be filed.
12. The rejoinder be filed within the time aforesaid.
13. Counsels in W.P.(C) 3552/2021 are requested to, at the threshold of the hearing on 26th October, 2021, point out that W.P. (C) 3552/2021 is different from the other matters.
RAJIV SAHAI ENDLAW, J AMIT BANSAL, J JULY 9, 2021 sr W.P.(C) 3552/2021 and connected matter Page 4 of 4