Dismissed

Badri Prasad and Ors. v. Union of India and Ors.

Delhi HC31 May 2017W.P.(C)/5040/2017

Case brief

AI extract

What is this about?

In W.P.(C) 5040/2017 and CM No. 21685/2017, the petitioners sought an order directing the respondent to permit them to apply for the post of Safaiwala considering their length of service. The respondent argued the petitioners were over-aged. Petitioners' counsel withdrew the petition, stating such issues should be raised before the Industrial Tribunal. The court dismissed the petition as withdrawn

What the court decided

AI extract

Badri Prasad and Ors. Vs Union of India and Ors. — Service and Employment | Delhi HC (2017)

¶1

$~38

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 5040/2017

¶4

BADRI PRASAD AND ORS ..... Petitioners Through: Mr. Mahesh Srivastava and Mr. Vaibhav Manu Srivastava, Advs.

¶5

versus UNION OF INDIA AND ORS ..... Respondents Through: Ms. Sangita Rai and Mr. Pradeep Tomar, Advs. for R1 to R3. Mr. Archit Sharma, Mr. Tarveen Singh Nanda, Advs. for R4 with Mr. Sunil Kumar, Assistant / Office Superintendent.

¶6

CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO O R D E R % 31.05.2017

¶7

CM No. 21686/2017(for exemption)

¶8

Exemption allowed subject to all just exceptions.

¶9

Application stands disposed of.

¶10

W.P.(C) 5040/2017, CM No. 21685/2017

¶11

The present petition has been filed by the petitioners with the

¶12

following prayers:

¶13

“It is therefore prayed that this Hon’ble Court may kindly be pleased to issue:

¶14

a. An appropriate writ or writs, order / orders, direction / directing the respondents to permit the petitioners to apply for the post of Safaiwala in terms of the advertisement dated 27.03.2017 and further direct the respondent to consider the Petitioners

¶15

considering length of service and experience gained by them during the such long service in the interest of justice.

¶16

b. Pass such other or further orders which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. ”

¶17

Learned counsel for the respondent no.4 states that petitioners cannot be considered for engagement as Safaiwala against the advertisement issued on 27^th March, 2017 inasmuch as the petitioners who have been engaged through a Contractor are over-aged as the upper age limit is 25 years.

¶18

On the other hand, Mr. Mahesh Srivastava, learned counsel appearing for the petitioners states that respondent no.4 cannot take such a stand as the duties performed by the petitioners is of perennial nature.

¶19

Suffice to state such a stand can be urged by the petitioners before appropriate Tribunal, i.e., Industrial Tribunal.

¶20

In view of the above statement, Mr. Srivastava, does not press the present petition and wishes to withdraw the petition.

¶21

The petition and the connected application are dismissed as withdrawn.

¶22

V. KAMESWAR RAO, J

¶23

MAY 31, 2017 /jg

Badri Prasad and Ors. v. Union of India and Ors.

Case brief

What is this about?

What the court decided

Badri Prasad and Ors. v. Union of India and Ors.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The Hindu Educational Trust Vs University of Delhi and Anr.

M/S. Avtec Limited Vs Dy. Commissioner of Income Tax

Avtec Limited Vs Dy. Commissioner of Income Tax

Ridhi Bhagat Vs Govt. of NCT of Delhi

Reckitt Benckiser Healthcare (India) Pvt. Ltd. Vs Union of India & Anr.

Ganshyam Gehani Vs Bses Rajdhani Power Limited and Ors.

Air Vice Marshal B.K. Sood, Vsm Vs Union of India & Ors.

Abdulla Javed Azmi & Ors. Vs National Highway Authority of India & Ors.

The Hindu Educational Trust Vs University of Delhi and Anr.

Daulat Ram College Society Vs Yogesh Tyagi & Anr.

Master Mayank Rawat Thro His Father and Natural Guardian Shri Harish Rawat @ Harish Chand Vs Mount Abu Public School & Ors.

Agnel Charities (Agnel Seva Sangh) & Anr. Vs State (Gnct) of Delhi & Anr.

Rajni Maidiratta Vs Directorate of Education & Ors.

Kamal Gautam Vs East Delhi Municipal Corporation