Full Text
HIGH COURT OF DELHI
Date of Decision: 26th November, 2019 Review Pet. 489/2019 and CM Nos.50711, 50713, 50714, 50715/2019 in
PEOPLE'S ALL INDIA ANTI CORRUPTION AND CRIME PREVENTION SOCIETY( REGD.) ..... Petitioner
Through: Mr. P.V. Surendranath, Sr. Adv. with Mr. Subhash Chandran K.R., Ms. Lekha Sudhakaran and Mr. Sawan Kumar Shukla, Advs.
Through: Mr. Zoheb Hossain, ASC-GNCTD with Mr. Vivek Gurnani, Adv. for
R-1 to 3 Mrs. Avnish Ahlawat, SC(DTC) with Mr. N.K. Singh, Adv. for R-4
HON'BLE MR. JUSTICE C.HARI SHANKAR O R D E R 26.11.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
CM Nos. 50713/2019 and 50715/2019(exemptions)
JUDGMENT
1. Exemptions allowed, subject to all just exceptions.
2. The applications are disposed of. CM No.50711/2019 (permission to file review petition)
3. As the review petition has been filed and taken up for hearing today, this application stands disposed of. 2019:DHC:6353-DB CM No. 50714/2019 (condonation of delay)
4. This application has been preferred under Section 5 of the Limitation Act for condonation of delay of 46 days in preferring the review petition.
5. Having heard the learned Senior Counsel for the applicant and the counsel for respondent nos. 1 to 4, it appears that the reasons so mentioned in this application for condonation of delay are reasonable. We therefore, condone the delay of 46 days in preferring this review petition.
6. Hence, this application is allowed and disposed of. Review Pet. 489/2019
1. This Review Petition has been preferred by the petitioner for reviewing the order dated 28th August, 2019 passed by this Court in W.P.(C) 2464/2016.
2. Having heard the learned Senior Counsel for the review petitioner and looking to the facts and circumstances of the case, it appears that W.P.(C) 2464/2016 was preferred for the following prayers: “a) Issue a writ of mandamus, order or direction, directing the Respondent Nos. 3 to 8 and to all Delhi government departments/ agencies/ bodies, more particularly described in Annexure-P/1, to implement the office order No. F.19(11)/2015/S.IV/1890-96 dated 19.10.2015 and frame appropriate policy to regularize the services of contractual employees in a time bound manner; b) Issue a writ of mandamus, order or direction, directing the Respondent Nos. 1 & 2 to implement the direction issued by this Hon'ble Court in Writ Petition
(C) No. 6798 of 2002 and W.P. (C) Nos. 8093-8102 of
2003 dated 6.11.2013 namely to carry out a manpower requirement assessment in all its departments as per the population strength of Delhi; c) Pending the hearing and final disposal of the present Writ Petition restrain the Respondents from recruiting any fresh employee on a permanent basis till the Policy as per Office Order dated 19.10.2015 is framed; d) Pending the hearing and final disposal of the present Writ Petition restrain, restraining the Respondents from dispensing with the services of the existing contractual employees working in various government departments/ agencies/ institutions, etc. f) pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”
3. The learned Senior Counsel appearing for the review petitioner submits that a detailed judgment and order dated 6th November, 2013 had been passed by the Division Bench of this Court in W.P.(C) 6798/2002 and W.P.(C) 8093-8102/2003 wherein various directions were given, particularly in paragraph nos. 22 and 23 thereof. This review petitioner is seeking clarification that by virtue of order dated 28th August, 2019, passed in W.P.(C) 2464/2016, the directions given by this Court in W.P.(C) 6798/2002 and in W.P.(C) 8093-8102/2003 vide order dated 6th November, 2013 are not affected and those directions given in paragraph nos. 22 and 23 in W.P.(C) 6798/2002 and W.P.(C) 8093-8102/2003 remain intact as they are.
4. We have perused the judgment dated 28th August, 2019 given by this Court in W.P.(C) 2464/2016 as well as judgment and order dated 6th November, 2013 delivered by the Division Bench of this Court in W.P.(C) 6798/2002 and W.P.(C) 8093-8102/2003. We make it clear that by our judgment and order dated 28th August, 2019 in W.P.(C) 2464/2016, the directions given by this Court on 6th November, 2013 in W.P.(C) 6798/2002 and W.P.(C) 8093-8102/2003 are not affected at all. The directions given vide order dated 6th November, 2013 in W.P.(C) 6798/2002 and 8093-8102/2003 remain intact.
5. We may clarify that we have not dealt with the directions given in paragraph nos. 22 and 23 in W.P.(C) 6798/2002 and 8093-8102/2003 vide order dated 6th November, 2013, which direct the respondents for manpower requirement assessment and regularisation.
6. We are informed that respondents are also facing a Contempt Case being Cont. Cas(C) 980/2016 for alleged violation of order dated 6th November, 2013 passed in W.P.(C) 6798/2002 and 8093-8102/2003 which will be decided in accordance with law.
7. With these clarifications, this Review Petition is hereby disposed of.
CHIEF JUSTICE NOVEMBER 26, 2019/kr C. HARI SHANKAR, J.