Disposed

Pardeep v. Union of India and Ors.

Delhi HC11 Feb 2025W.P.(C)/1287/2025

Case brief

AI extract

What is this about?

Writ petition challenging Food Corporation of India's summary termination of the petitioner's appointment as Assistant Grade-III (Depot) in the Ex-Serviceman disability (ESM-2) category. With consent, termination order set aside; FCI directed to reconsider after hearing.

What did the court decide?

Termination order dated 18.01.2025 set aside; FCI to reconsider treating petition as representation, fresh order after hearing; adverse order not operative for two weeks.

Pardeep Vs Union of India and Ors. — Pension and Retirement Benefits | Delhi HC (2025)

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$~2

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 1287/2025 & CM APPL. 6336/2025 PARDEEP .....Petitioner Through: Mr. Ajit Kakkar, Advocate.

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versus

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UNION OF INDIA AND ORS .....Respondents Through: Ms. Richa Kapoor, Mr. Kunal Anand and Ms. Udipti Chopra, Advocates for R-2 to 5.

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CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

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O R D E R % 11.02.2025

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By way of this petition under Article 226 of the Constitution, the petitioner assails an order dated 18.01.2025, by which the respondent No. 2- Food Corporation of India [“FCI”] has “summarily terminated” his appointment as Assistant Grade-III (Depot).

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The controversy between the parties concerns the petitioner’s eligibility for appointment in the category reserved for Ex-Serviceman, who had incurred a disability, i.e., ESM-2. The issue pertains to the interpretation of the advertisement dated 03.09.2022 under which the petitioner was recruited, and the applicability and interpretation of Office Memorandum dated 15.12.1979 issued by the Department of Personnel and Training.

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In the course of hearing, Ms. Richa Kapoor, learned counsel for respondent Nos. 2 to 5, who appears on advance notice, submits, upon

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Page 1 of 2

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W.P.(C) 1287/2025

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2025 at 12:53:34

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instructions, that FCI will reconsider the order of termination having regard to all the facts and circumstances of the case, and after giving the petitioner a hearing before the competent authority, following which a fresh order will be passed, if the FCI proposes to take any action against the petitioner.

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This course of action is also acceptable to Mr. Ajit Kakkar, learned counsel for the petitioner, who reserves the rights and contentions of the petitioner, in the event an adverse order is passed.

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Having regard to the above, the order dated 18.01.2025 is set aside, with the consent of learned counsel for the parties, and FCI is directed to reconsider the matter by treating the writ petition as a representation. A fresh order will be passed after giving the petitioner an opportunity of hearing before the competent authority. In the event the order is adverse, it will not be given effect for a period of two weeks after it is passed.

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The writ petition, alongwith the pending application, is disposed of in these terms.

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PRATEEK JALAN, J

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FEBRUARY 11, 2025/ MR/JM/

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Page 2 of 2

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W.P.(C) 1287/2025

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2025 at 12:53:34

Pardeep v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Pardeep v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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