Subhash Chander & ORS v. Union Of India & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1583/2020 SUBHASH CHANDER & ORS.

.....Petitioners Through:

Mr. Nikhil Bhardwaj, Advocate versus UNION OF INDIA & ORS.

......Respondent Through:

Ms.

Archana Gaur, Senior Government Counsel for UOI

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE TALWANT SINGH

ORDER

% 21.08.2020 The present matter has been taken up for hearing by way of Video Conferencing on account of COVID-19 pandemic. CM APPL.19974/2020 & CM APPL.19975/2020 Allowed, subject to all just exceptions.

The applications are disposed of accordingly. CM APPL.19978/2020/2020 (Exemption) The present application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the applicant/respondents seeking exemption from filing duly affirmed affidavits in support of the accompanying review petition and to pay the requisite court fees. For the reasons stated in the application and in view of the present prevailing situation, the same is allowed. The applicant/respondents are allowed to file the duly signed and affirmed affidavits within a period of W.P.(C) 1583/2020 Page 1 of 3

one week from the date of resumption of regular functioning of the Court. Further, the applicant/respondents are allowed to file the requisite court fee within a period of one week from today.

With the above directions, the present application is disposed of. CM APPL.19973/2020 (Condonation of Delay) The present application under Section 5 of the Limitation Act, 1963 read with Section 151 of the Code of Civil Procedure, 1908 instituted on behalf of the applicant/review petitioner seeks condonation of 120 days' delay in filing the accompanying review petition. Notice.

Mr. Nikhil Bhardwaj, learned counsel accepts notice on behalf of the non-applicants/original petitioners and fairly does not oppose the present application.

In view of the foregoing and for the reasons stated in the application, which are duly supported by an affidavit, the same is allowed. The delay of 120 days in filing the accompanying review petition is condoned. The application is disposed of accordingly.

REVIEW PETITION No.124/2020 Issue notice.

Mr. Nikhil Bhardwaj, learned counsel accepts notice on behalf of original petitioners and prays for time to file reply. Let the reply be filed within four weeks with an advance copy to counsel for the review petitioner, who may file rejoinder thereto, if any, before the next date of hearing.

List on 30.09.2020.

W.P.(C) 1583/2020 Page 2 of 3

Ms. Archana Gaur, learned counsel appearing on behalf of Union of India states that, the original petitioners have been granted the benefits of Assured Carrier Progression Scheme (ACP) from the respective dates on which they have cleared the pre-promotional test i.e. 'D' list test. SIDDHARTH MRIDUL, J TALWANT SINGH, J AUGUST 21, 2020 dn/nk Click here to check corrigendum, if any W.P.(C) 1583/2020 Page 3 of 3