Allowed

National Hydroelectric Power Corporation Officers Association v. Union of India & Ors.

Delhi HC18 May 2018LPA/44/2018

Case brief

AI extract

What is this about?

The High Court of Delhi quashed two orders of the Ministry of Power impacting National Hydroelectric Power Corporation Officers Association. Relying on an unreviewed Uttarakhand HC decision and a subsequent Supreme Court order, the court disposed of the appeal and pending applications.

What did the court decide?

quashing of Order No.11/17/2009-NHPC/Vol.III dated 27th December, 2013, and the order dated 15th December, 2017.

National Hydroelectric Power Corporation… — Pension and Retirement Benefits | Delhi HC (2018)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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LPA 44/2018 & CM Nos. 4338/2018 (stay) & 13946/2018 (delay) NATIONAL HYDROELECTRIC POWER CORPORATION OFFICERS ASSOCIATION ..... Appellant Through Mr. Nidhesh Gupta, Mr. Sameer Kumar, Mr. Prateek Singh Chaudhary and Mr. Aditya Shankar, Advocates. versus UNION OF INDIA & ORS ..... Respondents Through Mr. Ajit Pudussery and Mr. Ajeet Singh Verma, Advocates for respondent No. 2. Mr. Vivek Goyal, CGSC along with Mr. Harsh Pandit, Advocates for respondent Nos. 3 and 4/UOI. Mr. Vikas Mehta, Advocate for Mr. Sanjay Rawat, Advocate for respondent No. 5. Mr. Rajeev Chhetri, Mr. Pawan Upadhyay, Mr. Rajesh Chhetri and Ms. Meenakshi Rawat, Advocates for respondent No. 6.

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CORAM:

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HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE DEEPA SHARMA O R D E R

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% 18.05.2018

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Having heard learned counsel appearing on behalf of the parties and in terms of the decision of a Division Bench of the Uttarakhand High Court dated 22^nd July, 2016, in Writ Petition (SB) No. 11/2014, titled as “ THDC Diploma Engineers Association and Others vs. Union of India and Others” , LPA 44/2018 page 1 of 2

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which has not been interfered with, by the Hon’ble Supreme Court of India in the order dated 8^th May, 2017, passed in SLP (C)....CC No. 9188/2017, titled as “Union of India vs. THDC Diploma Engineers Association and Ors.”; the impugned Order No.11/17/2009-NHPC/Vol.III, dated 27^th December, 2013, issued by the Ministry of Power, Government of India, insofar as, it relates to the respondent No. 2/Corporation, is set aside and quashed.

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It is further directed that in view of the circumstance that the subsequent Letter No. 2/1/2014-H.I-Vol-III (Pt) dated 28^th June, 2017, Office Order No. 2/2/2014-H.I (Pt) dated 30^th June, 2017 & Letter No. 6/3/2015-NHPC (PLI) dated 11^th August, 2017, issued by the Ministry of Power, Government of India, were not the subject matter of challenge before the learned Single Judge, the observations and directions contained in the impugned order dated 15^th December, 2017, in this behalf, shall not come in the way of the appellants assailing their correctness, in accordance with law.

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The impugned order dated 15^th December, 2017, is accordingly set aside and quashed qua the respondent No. 2/Corporation, in similar terms.

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With the above directions, the appeal is disposed of. Pending applications also stand disposed of.

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SIDDHARTH MRIDUL, J

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DEEPA SHARMA, J

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MAY 18, 2018 RS

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