Full Text
LPA 871/2015
RN GARG Appellant Represented by: Mr.Awadhesh Kumar,Advocate
DR SAURABHPURWAR& ORS Appellants
Mr.AnkitKhurana,Advocate for R-1 and R-4
DRRAJENDRA KUMARSONI&ORS Appellants
Mr.AnkitKhurana,Advocate for R-1 and R-4
HON'BLE MR.JUSTICE V.KAMESWARRAO 2015:DHC:11341-DB
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02.12.2015 CMNo.29118/2015 in LPA No.871/2015
CM No.29122/2015 in LPANo.872/2015 CMNo.29126/2015 in LPANo.873/2015
Allowed subjecttojust exceptions.
CM No.29119-20/2015 in LPA No.87172015 CM No.29123-24/2015 in LPA No.872/2015
CM No.29127-28/2015 in LPA No.873/2015 For the reasons stated in all application delay of filing and re-filing the three appeals is condoned.
The applications are allowed.
LPANo.871/2015,872/2015 & 873/2015
ORDER
1. LPA No.447/2015 which laid a challenge to the impugned order dated May 26,2015, by which large number ofwrit petitions have been disposed ofwas decided by this Court vide order dated August 05,2015,which reads as under:-
1. The appellants had sought regularization of their service and were relying upon a conscious decision taken by the governing counsel of the second respondent to regularize their service.
2. During the pendency ofthe writ petition filed by the appellants, the Government of NCT of Delhi issued a circular on February 16, 2015 asper which all autonomous authorities under the Government of NCT ofDelhi were directed not to disengage ad-hoc, temporary or contractual employees, pending decision to be taken as to in what manner these employees could be madepermanent.
3. In view ofthe circular dated February 16, 2015 the appellants sought leave ofthe Court to withdraw the writ petition hut with a right tofile afresh petition on the same cause ofaction iffor some reasons the Government ofNCT ofDelhi did not take to its logical conclusion its decision conveyed vide circular datedFebruary 16,2015.
4. The learned Single Judge haspermitted the appellants to withdraw the writpetition in view ofthe circular dated February 16, 2015, but has declined leave to file afresh petition seeking regularization.
5. In our opinion the learnedSingle Judge could nothave firstly hedged the condition on which the appellants desired to withdraw the writpetition by dismissing the writpetition as withdrawn but declining permission to institute afresh petitionfor the reason the offer to withdraw the writpetition was interlinked with the right tofile afresh petition ifthe Government did not take to its logical conclusion its decision conveyed vide circular dated February 16, 2015. Secondlyfor the reason once the Government itselftook the decision that no ad-hoc, temporary or contractualemployee would be disengagedfrom service till the Government took a decision on the issue oftheir services being regularized, the appellants werejustifiedin withdrawing the writpetition with a right reserved in them tofile afresh petition seeking regularization ifforsome reasons thegrievance subsisted.
6. We therefore dispose ofthe appeal setting aside the direction in the impugned order dated May 26, 2015 that the appellants would not be entitled tofile afresh petition seeking regularization. We dispose of W.P.(C) No.7942/2014 filed by the appellants as withdrawn with liberty granted to the appellants to file a fresh petition seeking regularization ofhis services ifthe cause ofaction continues to subsist. /
7. No costs. 2..Instant appeals are also disposed ofin terms ofthe order dated August 05,2015 disposing ofLPA No.447/2015.
3. Direction contained in paragraph 6 ofthe said order would apply to the writpetition filed by the appellants.
4. No costs. pradeep^^Sajog,j. (LI DECEMBER 02,2015 mamta V.KAMESWAR RAO,J.