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High Court of DelhiW.P.(C)/178/2024

Lalit Mohan Kabdwal v. Union Of India Through Its Secretary & ORS.

2024-01-08Hon'Ble Mr. Justice V. Kameswar Rao,Hon'Ble Mr. Justice Saurabh Banerjee4 pages

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: January 08, 2024 + W.P.(C) 172/2024 KESHAV DUTT UPRETI ..... Petitioner Through:

Mr. Mahesh Srivastava, Advocate versus UNION OF INDIA & ORS.

..... Respondents Through:

Ms. Bharathi Raju, SPC with Ms.

Archana Kumari (GP) for UOI + W.P.(C) 175/2024 MOHAN SINGH BISHT ..... Petitioner Through:

Mr. Mahesh Srivastava, Advocate versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr. Abhishek Saket, (SPGC) with Mr. Anirudh Shukla, GP.

+ W.P.(C) 178/2024 LALIT MOHAN KABDWAL ..... Petitioner Through:

Mr. Mahesh Srivastava, Advocate versus UNION OF INDIA THROUGH ITS SECRETARY & ORS.

..... Respondents

Through:

Mr.Ankur Yadav, SPC with Mr.

Rishesh Mani Tripathi (GP), Advocate for UOI + W.P.(C) 188/2024 BHAGAT RAM BHARDWAJ ..... Petitioner Through:

Mr. Mahesh Srivastava, Advocate versus UNION OF INDIA THROUGH ITS SECRETARY & ORS.

..... Respondents Through:

Mr. Avnish Singh, SPC with Mr.

Kapil Dev Yadav, GP, Mr. Vishal Kumar Yadav and Ms. Kanchan Kumari, Advocates for R-1 to 3 + W.P.(C) 217/2024 HARABINDA DEKA ..... Petitioner Through:

Mr. Mahesh Srivastava, Advocate versus UNION OF INDIA THROUGH ITS SECRETARY & ORS.

..... Respondents Through:

Mr. Hemant Kumar Yadav, SPC with Mr. Akash Meena, GP for UOI

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE

J U D G M E N T

V. KAMESWAR RAO, J. (ORAL) CM APPL. 824/2024 in W.P.(C) 172/2024 CM APPL. 828/2024 in W.P.(C) 175/2024 CM APPL. 831/2024 in W.P.(C) 178/2024 CM APPL. 859/2024 in W.P.(C) 188/2024 & CM APPL. 1008/2024 in W.P.(C) 217/2024 Allowed, subject to just exceptions.

The applications are disposed of.

W.Ps.(C) 172/2024, 175/2024, 178/2024, 188/2024 & 217/2024 1.

As identical reliefs have been prayed for in these petitions in as much as the respondents should extend the benefit of the judgment of the Supreme Court in the case of Director (Admn. And HR) KPTCL & Ors. versus C.P. Mundinamani & Ors. in Civil Appeal No. 2471/2023 decided on 11.04.2023, the same are decided by this common order. 2.

Mr. Mahesh Shrivastava reiterates the prayers as sought in the writ petitions.

3.

Senior Panel Counsel appear for the respondents state that each case is needed to be looked/confirmed on facts to ensure that the said case is covered by the judgment of the Supreme Court. 4.

Noting the said submission(s) made, we dispose of all these petitions with a direction to the respondents to consider the writ petitions as representations on behalf of the petitioners in terms of the judgement of the Supreme Court referred to above and dispose of the same within a period of six weeks.

5.

If the petitioners are entitled to the benefits as per the judgment of the Supreme Court, the same shall be released to them within a period of six

weeks thereafter.

6.

In the eventuality, the respondents are of the view that a petitioner(s) is not entitled to the benefits as sought, reasons thereof, shall be communicated to the said petitioner(s) in writing, and the said petitioner(s) shall be at liberty to seek such remedy as available in accordance of law. 7.

The petitions stand disposed of.

8.

A copy of this order be placed in all the petitions. V. KAMESWAR RAO, J SAURABH BANERJEE, J JANUARY 8, 2024/So