w w w . L a w y e r S e r v i c e s . i n



Mahendra Singh & Others v/s Energy Efficiency Services Ltd. & Another


Company & Directors' Information:- ENERGY EFFICIENCY SERVICES LIMITED [Active] CIN = U40200DL2009PLC196789

Company & Directors' Information:- H-ENERGY PRIVATE LIMITED [Active] CIN = U40300MH2007PTC175626

Company & Directors' Information:- A A ENERGY LIMITED [Active] CIN = U40100MH2005PLC157604

Company & Directors' Information:- K M ENERGY PRIVATE LIMITED [Active] CIN = U40300UP2014PTC067293

Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

Company & Directors' Information:- R. R. ENERGY LIMITED [Active] CIN = U40109CT2004PLC016580

Company & Directors' Information:- S T SERVICES LTD [Active] CIN = L74140WB1989PLC047210

Company & Directors' Information:- ENERGY INDIA CORPORATION LIMITED [Strike Off] CIN = U40101MH2008PLC181157

Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- B & S ENERGY PRIVATE LIMITED [Active] CIN = U40108KA2008PTC048416

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U65100DL1989PTC038061

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U74900DL1989PTC038061

Company & Directors' Information:- S J SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1988PTC034427

Company & Directors' Information:- T-3 ENERGY SERVICES INDIA PRIVATE LIMITED [Active] CIN = U40200PN2008FTC135459

Company & Directors' Information:- AMP E - SERVICES PRIVATE LIMITED [Active] CIN = U51909MN2013PTC008361

Company & Directors' Information:- E M SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U93090MH2001PTC131924

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L51226WB1983PLC035807

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L93000WB1983PLC035807

Company & Directors' Information:- M. E ENERGY PRIVATE LIMITED [Active] CIN = U51503PN1998PTC114226

Company & Directors' Information:- G K SERVICES PRIVATE LIMITED [Active] CIN = U65990MH1994PTC078529

Company & Directors' Information:- K ENERGY COMPANY LIMITED [Active] CIN = U40100CT2007PLC020433

Company & Directors' Information:- A K SERVICES PRIVATE LIMITED [Active] CIN = U74899MH1986PTC268851

Company & Directors' Information:- U R ENERGY (INDIA) PRIVATE LIMITED [Active] CIN = U40108GJ2011PTC067834

Company & Directors' Information:- B V SERVICES PVT LTD [Active] CIN = U74140WB1991PTC050946

Company & Directors' Information:- B & G ENERGY PRIVATE LIMITED [Active] CIN = U40107TN2006PTC061362

Company & Directors' Information:- I S A SERVICES PRIVATE LIMITED [Active] CIN = U74140JH1995PTC006387

Company & Directors' Information:- J C I ENERGY PRIVATE LIMITED [Converted to LLP] CIN = U40102KA2011PTC058550

Company & Directors' Information:- E I C SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC022426

Company & Directors' Information:- ENERGY INDIA LIMITED [Strike Off] CIN = U74899DL1998PLC096211

Company & Directors' Information:- A C SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070774

Company & Directors' Information:- H S SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2014PTC074321

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- INDIA ENERGY PRIVATE LIMITED. [Strike Off] CIN = U74899DL2000PTC103993

Company & Directors' Information:- V ENERGY PRIVATE LIMITED [Active] CIN = U40102TG2011PTC073693

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- O P T SERVICES INDIA PRIVATE LIMITED [Active] CIN = U63013DL1996PTC083397

Company & Directors' Information:- P P SERVICES PVT LTD [Active] CIN = U70101WB1991PTC051423

Company & Directors' Information:- A P T SERVICES PRIVATE LIMITED [Amalgamated] CIN = U29219TG1999PTC031903

Company & Directors' Information:- S S SERVICES PVT LTD [Active] CIN = U51109AS1993PTC003956

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- S M M ENERGY PRIVATE LIMITED [Active] CIN = U40109TG2014PTC092679

Company & Directors' Information:- C & C ENERGY PRIVATE LIMITED [Active] CIN = U29299DL2010PTC204724

Company & Directors' Information:- U S G ENERGY PRIVATE LIMITED [Active] CIN = U29307TZ2005PTC012414

Company & Directors' Information:- A B T ENERGY PRIVATE LIMITED [Active] CIN = U40108KA1983PTC005321

Company & Directors' Information:- A & T ENERGY PRIVATE LIMITED [Strike Off] CIN = U40106GJ2012PTC070207

Company & Directors' Information:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- N B SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056484

Company & Directors' Information:- P C SERVICES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006606

Company & Directors' Information:- K E ENERGY PRIVATE LIMITED [Strike Off] CIN = U40300TN2011PTC080288

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- MAHENDRA (INDIA) LIMITED [Active] CIN = U17114GJ1990PLC013483

Company & Directors' Information:- H AND B SERVICES LIMITED [Strike Off] CIN = U72900MH2004PTC145775

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

Company & Directors' Information:- A. H. SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2009PTC193917

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2009PTC293633

Company & Directors' Information:- V A R ENERGY INDIA PRIVATE LIMITED [Strike Off] CIN = U40300TG2014PTC095926

Company & Directors' Information:- ENERGY EFFICIENCY PRIVATE LIMITED [Active] CIN = U74999UP2016PTC086808

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- C & N ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100KL2011PTC028837

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- M K D ENERGY PRIVATE LIMITED [Active] CIN = U31908UP2015PTC070501

Company & Directors' Information:- U M S SERVICES LIMITED [Active] CIN = U03210TZ1982PLC001208

Company & Directors' Information:- A T E SERVICES LIMITED [Strike Off] CIN = U74140MH2001PTC132923

Company & Directors' Information:- C I T L ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108TG2010PTC066844

Company & Directors' Information:- C R B ENERGY PRIVATE LIMITED [Active] CIN = U40108TG2010PTC066845

Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- J S ENERGY PRIVATE LIMITED [Active] CIN = U45202HP2006PTC030006

Company & Directors' Information:- T V G ENERGY PRIVATE LIMITED [Strike Off] CIN = U52100UP2014PTC066243

Company & Directors' Information:- S R V N SERVICES PRIVATE LIMITED [Strike Off] CIN = U50200DL2004PTC124035

Company & Directors' Information:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- G G ENERGY PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC058590

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- V G ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100MH2005PTC156544

Company & Directors' Information:- D R R ENERGY PRIVATE LIMITED [Active] CIN = U40102TN2009PTC073741

Company & Directors' Information:- Q - ENERGY PRIVATE LIMITED [Strike Off] CIN = U74920WB2012FTC182047

Company & Directors' Information:- A 2 Z E SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC039105

Company & Directors' Information:- ENERGY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74210WB1999PTC088792

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- H R ENERGY PRIVATE LIMITED [Strike Off] CIN = U40101RJ2003PTC018712

Company & Directors' Information:- S S D SERVICES PRIVATE LIMITED [Active] CIN = U74910RJ1996PTC012694

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- J R J R ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100MH2005PTC153641

Company & Directors' Information:- R M ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108MH2003PTC142881

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- S V E ENERGY PRIVATE LIMITED [Active] CIN = U40100TN2009PTC073738

Company & Directors' Information:- L V S ENERGY PRIVATE LIMITED [Under Process of Striking Off] CIN = U40101TG2010PTC068290

Company & Directors' Information:- A. S. R. ENERGY PRIVATE LIMITED [Strike Off] CIN = U40105TG2008PTC056907

Company & Directors' Information:- S S E ENERGY (INDIA) PRIVATE LIMITED [Strike Off] CIN = U40108TG2014PTC093709

Company & Directors' Information:- K & H ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109AP2012PTC079162

Company & Directors' Information:- P & S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109TG2011PTC072632

Company & Directors' Information:- B S K A SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900WB2013PTC198627

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- P A ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100HP2006PTC030328

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- S & G ENERGY PRIVATE LIMITED [Strike Off] CIN = U31101CH2010PTC032133

Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- J N D SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2014PTC264620

Company & Directors' Information:- V. S. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC233958

Company & Directors' Information:- P M S ENERGY INDIA PRIVATE LIMITED [Active] CIN = U74999DL2012PTC236645

Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- D M ENERGY PRIVATE LIMITED [Strike Off] CIN = U40107DL2010PTC199110

Company & Directors' Information:- S K S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108DL2003PTC119741

Company & Directors' Information:- C P ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109DL2010PTC204395

Company & Directors' Information:- 3 A S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40300DL2013PTC250263

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- I S R ENERGY PRIVATE LIMITED [Under Process of Striking off] CIN = U40103AP2012PTC084585

Company & Directors' Information:- T AND F ENERGY PRIVATE LIMITED [Active] CIN = U40100MP2011PTC026065

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

Company & Directors' Information:- V V ENERGY PRIVATE LIMITED [Active] CIN = U40101KA2008PTC046429

Company & Directors' Information:- E P C ENERGY PRIVATE LIMITED [Strike Off] CIN = U40107KA2010PTC053645

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- V J SERVICES PRIVATE LIMITED [Strike Off] CIN = U29242GJ2013PTC074510

Company & Directors' Information:- R J ENERGY PRIVATE LIMITED [Active] CIN = U40100GJ2009PTC056990

Company & Directors' Information:- I ENERGY PRIVATE LIMITED [Active] CIN = U40100GJ2009PTC058473

Company & Directors' Information:- N I SERVICES PRIVATE LIMITED [Strike Off] CIN = U64202KL2000PTC014355

Company & Directors' Information:- ENERGY O & M SERVICES PRIVATE LIMITED [Active] CIN = U74120GJ2013PTC077449

Company & Directors' Information:- 7-A SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2019PTC359011

Company & Directors' Information:- MAHENDRA ENERGY PRIVATE LIMITED [Active] CIN = U74999GJ2019PTC106415

Company & Directors' Information:- L K E SERVICES PRIVATE LIMITED [Active] CIN = U74999RJ2021PTC073635

Company & Directors' Information:- MAHENDRA LTD [Strike Off] CIN = U45201WB1943PLC011234

Company & Directors' Information:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

Company & Directors' Information:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

    W.P.(C). No. 7797 of 2020 & CM. Nos. 25669-25670 of 2020

    Decided On, 12 October 2020

    At, High Court of Delhi

    By, THE HONOURABLE MS. JUSTICE JYOTI SINGH

    For the Petitioners: Biraja Mahapatra, Advocate. For the Respondents: R1, Raman Kapur, Sr. Advocate, Varun Kapur, Advocate, R2, Arun Bhardwaj, CGSC, Abhishek Sharma, Nikhil Bhardwaj, Advocates.



Judgment Text

(Oral)1. Short issue involved in the present petition is whether Energy Efficiency Services Ltd. (EESL)/ Respondent No.1 is entitled to issue fresh advertisement and conduct interviews for the regular posts against which the Petitioners have been appointed earlier and were awaiting absorption and regularization.2. Present petition has been filed by 64 Junior and Middle Level Executive and Non-Executive Fixed Tenure employees of EESL, a joint venture of 4 Public Sector Undertakings i.e. NTPC Ltd., PFC, REC and Power Grid under the Ministry of Power, seeking quashing of the advertisement dated 15.10.2019.3. Respondent No.1 from time to time has been notifying for conduct of interviews for regularization of fixed tenure employees. The Petitioners joined Respondent No.1 as fixed term employees on various dates between 2015 and 2018, the details of which have been elaborated in a tabular form in the writ petition. The interviews for regularization of the Petitioners, as averred in the petition, were scheduled between 24th to 26th June, 2019. The said regularization/absorption process, was in accordance with Clause 9.3 of the Recruitment Policy and Procedure. Para 9.3 reads as under :-"9.3 In addition to the above, induction of executive and specialist non-executive personnel may be made as deemed necessary and appropriate by the authority competent to create the posts from one or more of the following sources:(a) Deputation from Central / State Government / Electricity Boards and Public Sector Organisations where suitable personnel on terms offered by the Company may not be available at the right time from other sources and where the time and cost involved in processing recruitments through open advertisements may not be justified in view of the number or nature of posts to be filled.(b) Campus interview and recruitment in the level of El grade or below and the post of Executive Trainees/Supervisor trainees from reputed Engineering/Management/Polytechnic institutions, may also be resorted to. Colleges should be selected on Region-wide basis on specific criteria advertised on open press advertisement. List of such colleges from which Campus recruitment is proposed, shall have to be approved by the Chairman with information to the Board of Directors.(c) Through absorption of Fixed Tenure Employees in regular scales, when they have completed minimum one year of service in EESL, provided their performance has been satisfactory and their PMS score is not less than Excellent or equivalent. However, they shall have to meet the minimum eligibility criteria as described under Schedule II. They shall have to appear for interview before duly constituted committee and score more than 75% marks. In case the concerned Fixed Tenure Employees do not fulfil the post experience criteria, they can be fitted into appropriate lower Pay scale/Grade. All such absorptions shall be made at the start of the scale. Such Fixed Tenure employees who fail to qualify to be absorbed may continue to be on the same position for the balance period of the tenure on the recommendation by the Appointing authority, after which his/her services will terminate. In special cases, based on exigencies of work, the Fixed Tenure employees tenure may be extended further based on approval by Managing Director for not more than two years and with the approval of Chairman for not more than three years. Notwithstanding the above, Board of Directors shall be intimated of such absorptions. Such absorption should not be a rule and shall be done only in exceptional circumstances, subject to proper business justification.(d) Through absorption of manpower, employed by Outsourcing agencies and deployed in EESL for more than two years, based on exigencies of work and requirement of skilled and experienced manpower. All such absorptions would be done at positions below Supervisory levels (S4 or below) on fixed tenure basis based on written examination and/or interview. Such positions shall be circulated internally and written exam, GD/interview shall be conducted. Only such candidates who meet the specified standards would be considered for absorption. Notwithstanding the above, no such absorption of Outsourced Employees into Fixed Tenure Pay scales of the company, shall be done without the prior intimation to the Board of Directors. Such absorption should not be a rule and shall be done only in exceptional circumstances, subject to proper business justification."4. It is the case of the Petitioners that after the interviews they were informed that offer letters were ready for dispatch by Respondent No.1 but on account of some administrative reasons, the process of absorption was kept in abeyance. However, instead of issuing the absorption letters, Respondent No.1 issued an advertisement dated 15.10.2019 for filling up 235 regular vacancies which included the posts against which the Petitioners were seeking regularization. This led to the Petitioners filing RTI applications and making representations.5. Respondent No.1 had notified 13.03.2020 as the date for written test pursuant to the said advertisement. However, the same was not conducted and was postponed. On account of the Pandemic Covid 19, no interviews were held for several months and it is only now that the Petitioners learnt that the written test has been scheduled for 23.10.2020.6. Challenge in the writ petition is laid to the filling up of the vacancies in the posts against which the Petitioners were awaiting regularization on the ground that the Petitioners were eligible and successfully cleared the interviews and therefore they have a right to be absorbed against the said posts. The tenure of the Petitioners ends between December 2020 and March 2021 respectively and if the posts are filled through the impugned advertisement, grave prejudice shall be caused to them. Learned counsel for the Petitioners argues that the act of Respondent No.1 in not absorbing the Petitioners is malafide and the Petitioners are being illegally ousted despite being eligible for absorption.7. A writ of certiorari is sought for quashing the Advertisement dated 15.10.2020 issued by Respondent No.1 as well as a Mandamus commanding the Respondents to absorb the Petitioners after declaring the result of the interviews held between 24.06.2019 and 26.06.2019 and also of the non-executive petitioners on the basis of their ACRs and performance.8. Mr. Arun Bhardwaj learned counsel appearing on behalf of Respondent No.2 submits that the Ministry does not have any role in the controversy raised in the present petition.9. Mr. Raman Kapur Learned Senior Counsel appearing on behalf of Respondent No.1 takes a preliminary objection to the maintainability of the present petition on account of delay and laches. He submits that the impugned advertisement was issued way back on 15.10.2019. Thereafter, the Petitioners had sought information under the RTI Act, which was furnished to them in November 2019. He further submits that all necessary steps have now been taken to carry out the selection process pursuant to the advertisement and the written examination is scheduled for 23.10.2020. All the arrangements have been made, centres have been allocated and intimations have been sent to the Applicants. Petitioners have approached the Court after a delay of one year and cannot be permitted to challenge the advertisement and / or stall the process at the last minute, which will adversely affect the interest of Respondent No.1 as well as those who have applied against the advertisement.10. I have heard Learned Senior Counsel for Respondent No.1 and the counsel for the Petitioner.11. From a bare perusal of the writ petition, it is apparent that the impugned Advertisement was issued on 15.10.2019 and exactly a period of one year has elapsed. Petitioners were well aware of the Advertisement when it was issued and even subsequently relevant information was furnished to them in November 2019. No steps were taken by the Petitioners after the issue of the Advertisement and they have chosen to approach the Court belatedly. I also find force in the contention of Mr. Raman Kapur that having slept over their rights for one year the Petitioners cannot be permitted to stall the selection process when the examination is sched

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uled to take place on 23.10.2020. No reason / explanation has been offered in the writ petition to approach the Court belatedly, except for learned counsel for the Petitioner stating that from March 2020 onwards, on account of Pandemic COVID-19, Petitioners could not approach this Court.12. In my view, even this argument cannot inure to the advantage of the Petitioners for the reason that between October 2019 to March 2020 there was no Pandemic COVID-19. If the petitioners were serious about challenging the advertisement, the same should have been done as soon as the advertisement was issued in October 2019 or at least in November 2019 when the RTI information was received by them. However, no steps were taken by the Petitioners at the relevant time. The petition is barred by delay and laches and cannot be entertained at this stage.13. Petition alongwith the applications filed herewith is accordingly dismissed.
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