Delhi High Court - Orders
Nidhin C vs Union Of India And Ors on 17 July, 2025
Author: Prateek Jalan
Bench: Prateek Jalan
$~64 & 66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10076/2025
NIDHIN C. .....Petitioner
versus
UNION OF INDIA AND ORS. .....Respondents
+ W.P.(C) 10082/2025
PRABHAKAR SHUKLA .....Petitioner
versus
UNION OF INDIA AND ORS. .....Respondents
Appearance:
Mr. Shivam Gupta, Advocate for petitioners.
Mr. Naman Saraswat and Ms. Saloni Jagga, Advocates for NPCIL.
Mr. Himanshu Pathak, SPC with Mr. Vedansh Anand, GP in Item No.64.
Dr. Vijendra Singh, CGSC for R-1 in Item No.66.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 17.07.2025 CM APPL. 41835/2025 in W.P.(C) 10076/2025 (for exemption) & CM APPL. 41841/2025 in W.P.(C) 10082/2025 (for exemption) Exemption allowed, subject to all just exceptions. The applications stand disposed of.
W.P.(C) 10076/2025 & W.P.(C) 10082/2025
1. Issue notice. Mr. Himanshu Pathak, learned Panel Counsel, W.P.(C) 10076/2025 & W.P.(C) 10082/2025 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2025 at 22:54:14 accepts notice on behalf of Union of India ["UOI"] in W.P.(C) 10076/2025, and Dr. Vijendra Singh, learned Central Government Standing Counsel, accepts notice on behalf of UOI in W.P.(C) 10082/2025. Mr. Naman Saraswat, learned counsel, accepts notice on behalf of respondent No. 2 - Nuclear Power Corporation of India Limited ["NPCIL"].
2. The petitioners were serving in NPCIL, which is a public sector enterprise under respondent No. 3 - Department of Atomic Energy, Government of India ["DAE"]. They secured positions in the International Thermonuclear Experimental Reactor ["ITER"] in Cadarache, France, in the year 2021. At that stage they were informed by NPCIL that they cannot proceed on deputation to ITER, and therefore resigned from service.
3. Their contention in this writ petition is that other similarly placed individuals from other organisations under DAE, were permitted to proceed on deputation rather than being compelled to resign. The petitioners seek similar treatment.
4. Mr. Shivam Gupta, learned counsel for the petitioners, states that a petition being, W.P.(C) 4186/2025 [Vivek Tripathi v. Union of India and Ors.], filed by another similarly placed individual remains pending before this Court, and is scheduled to be listed on 26.11.2025.
5. Mr. Gupta draws my attention to a communication of the Secretary, DAE, dated 01.01.2016, encouraging officers from public sector enterprises under DAE to take up opportunities in ITER, and particularly to the observation therein that such officers would gain valuable experience for later use in India.
W.P.(C) 10076/2025 & W.P.(C) 10082/2025 Page 2 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2025 at 22:54:14
6. Counter affidavits be filed within four weeks from today. The submission of learned counsel for respondents, regarding the petitions being belated, may be taken up in their counter affidavits. Rejoinders thereto, if any, be filed within two weeks thereafter.
7. List on 26.11.2025.
PRATEEK JALAN, J JULY 17, 2025 SS/KA/ W.P.(C) 10076/2025 & W.P.(C) 10082/2025 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2025 at 22:54:14