Prem Parkash v. Union Of India And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10865/2015 PREM PARKASH ..... Petitioner Through:

Mr.

Basab Sengupta & Mr.

O.P.

Kalshian, Advocates versus UNION OF INDIA AND ORS.

..... Respondents Through:

Ms. Mrinalini Sen & Ms. Kritika Gupta, Advocates for respondent No.1 Ms.

Joymoti Mize, Advocate for respondent No.4.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 18.07.2016 Challenge in this writ petition is to the order dated 16th April, 2015 passed in OA No.1109/2014 and the order dated 29th May, 2015 passed in Review Petition No.128/2015, by which the OA and the Review Petition filed by the petitioner stand dismissed primarily on two grounds - firstly, delay in approaching the Tribunal and secondly the prayer for holding a review DPC was declined.

Today, learned counsel for respondent No.1, on instructions, submits that since the review for USSL 2004-2008 is pending, the respondent No.1 is willing to review the eligibility of the Petitioner for USSL 2006 in the light of OM dated 23.01.2014 and also all other instructions.

It is submitted by counsel for respondent No.1 that undertaking of review for USSL 2006 should not be construed as a waiver of objections to the OA No.1109 of 2014. Counsel for the respondent further submits that at the time of review DPC, delay will not come in the way of the petitioner. However, as agreed that, should the petitioner be aggrieved of the order of the review DPC, legal objections of both the parties

would remain open.

Learned counsel for the petitioner and respondent No.1 pray that the present writ petition may be disposed of in the above terms. Accordingly, the writ petition stands disposed of.

G.S.SISTANI, J I.S.MEHTA, J JULY 18, 2016 tp