Delhi High Court
Union Of India & Ors vs V.P. Munghate And Ors. on 11 January, 2021
$~Supple.-20 to 30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13491/2019 & CM APPLs.54646/2019
UNION OF INDIA & ORS ..... Petitioners
Through: Mr.Arun Bhardwaj, CGSC.
versus
V.P. MUNGHATE AND ORS. ..... Respondents
Through: Mr.Vardhman Kaushik, Advocate.
+ W.P.(C) 3532/2020 & CM APPL.12550/2020
PRADEEP GUPTA AND ORS ..... Petitioners
Through: Mr.Arun Bhardwaj, CGSC.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr.Vardhman Kaushik, Advocate.
+ W.P.(C) 5702/2020 & CM APPL.20600/2020
UNION OF INDIA AND ANR ..... Petitioners
Through: Mr.Arun Bhardwaj, CGSC.
versus
ASHISH KUMAR MAITI ..... Respondent
Through: Mr.Vardhman Kaushik, Advocate.
+ W.P.(C) 5741/2020 & CM APPL.20774/2020
UNION OF INDIA AND ANR ..... Petitioners
Through: Mr.Arun Bhardwaj, CGSC.
W.P. (C) 13491/2019 Page 1 of 6
versus
SH SHARAD KUMAR GHODKE AND ORS ..... Respondents
Through: Mr.Vardhman Kaushik, Advocate.
+ W.P.(C) 5818/2020 & CM APPL.21046/2020
UNION OF INDIA AND ANR ..... Petitioners
Through: Mr.Arun Bhardwaj, CGSC.
versus
K APPA RAO ..... Respondent
Through: Mr.Vardhman Kaushik, Advocate.
+ W.P.(C) 4961/2020 & CM APPL.17908/2020
UNION OF INDIA AND ANR ..... Petitioners
Through: Mr.Arun Bhardwaj, CGSC.
versus
S RANGARAJAN ..... Respondent
Through: Mr.Vardhman Kaushik, Advocate.
+ W.P.(C) 4963/2020 & CM APPL.17914/2020
UNION OF INDIA AND ANR ..... Petitioners
Through: Mr.Arun Bhardwaj, CGSC.
versus
P RAMAKRISHNA ..... Respondent
Through: Mr.Vardhman Kaushik, Advocate.
+ W.P.(C) 5302/2020 & CM APPL.19149/2020
UNION OF INDIA AND ANR ..... Petitioners
W.P. (C) 13491/2019 Page 2 of 6
Through: Mr.Arun Bhardwaj, CGSC.
versus
MUSHARRAF ALI AND ANR ..... Respondents
Through: Mr.Vardhman Kaushik, Advocate.
+ W.P.(C) 5535/2020 & CM APPL.19928/2020
UNION OF INDIA AND ANR ..... Petitioners
Through: Mr.Arun Bhardwaj, CGSC.
versus
K APPA RAO ..... Respondent
Through: Mr.Vardhman Kaushik, Advocate.
+ W.P.(C) 5538/2020 & CM APPL.19943/2020
UNION OF INDIA AND ANR ..... Petitioners
Through: Mr.Arun Bhardwaj, CGSC.
versus
ASHISH KUMAR MAITI AND ORS ..... Respondents
Through: Mr.Vardhman Kaushik, Advocate.
+ W.P.(C) 5866/2020 & CM APPL.21190/2020
UNION OF INDIA AND ANR ..... Petitioners
Through: Mr.Arun Bhardwaj, CGSC.
versus
K APPA RAO & ORS. ..... Respondents
Through: Mr.Vardhman Kaushik, Advocate.
W.P. (C) 13491/2019 Page 3 of 6
% Date of Decision: 11th January, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
MANMOHAN, J: (Oral)
C.M. APPL. 941/2021 in W.P.(C) 13491/2019
1. The application has been heard by way of video conferencing.
2. Present application has been filed to allow the petitioner/department
to proceed with further action to fill up the posts of Additional DGOF &
Member, Ordnance Factory Board (hereinafter referred to as OFB) in HAG+
grade as per the extant recruitment rules.
3. In the present application, it has been averred that due to depletion in
the strength of members on account of superannuation and delay in filling
up the vacant posts primarily due to the ongoing litigation, the OFB is
presently left with only the Chairman & 2 members including
member/finance. It is also averred that as a consequence, the functions of
the Board have been seriously affected for want of quorum and the
collective decision making mechanism of O.F. Board for important policy
decisions, reviewing execution of decisions, monitoring progress on
performance parameters etc, has also been adversely affected from
December, 2020 onwards.
4. It is the case of the petitioners that none of the respondents in
particular neither Mr. Sh. V P Munghate nor Sh. Musharraf Ali satisfy the
eligibility criteria for promotion to the HAG+ for the vacancy year 2020.
5. Issue notice.
6. Mr. Vardhman Kaushik, learned counsel for respondent, accepts
notice. He states that the respondents have no objection to the petitioners'
filling up the post of Additional DGOF & Member, OFB in HAG+ grade as
per the extant recruitment rules provided the respondents are also
considered.
7. However, this Court is of the view that the present writ petitions
cannot be made infructuous by directing the petitioners to implement the
impugned judgment at this stage. In any event, Mr. Sh. V P Munghate and
Sh. Musharraf Ali stood retired on 30th November, 2020.
8. It is pertinent to mention that the ordnance division of the Indian
Army is called the 'Fourth Arm of Defence' and the 'Force behind the
Armed Forces' of India. The OFB has to ensure uninterrupted production
and supply during war time, even if sanctions are imposed by international
powers.
9. Keeping in view the aforesaid, this Court allows the petitioners
department to proceed to fill up the posts of Additional DGOF & Member,
OFB in HAG+ grade as per the extant recruitment rules. It is clarified that if
the writ petitions are dismissed, the respondent shall be paid enhanced
salaries, perks and pension in accordance with law.
10. Accordingly, the present application stands disposed of.
W.P.(C) 13491/2019 & CM APPLs.54646/2019
W.P.(C) 3532/2020 & CM APPL.12550/2020
W.P.(C) 5702/2020 & CM APPL.20600/2020
W.P.(C) 5741/2020 & CM APPL.20774/2020
W.P.(C) 5818/2020 & CM APPL.21046/2020
W.P.(C) 4961/2020 & CM APPL.17908/2020
W.P.(C) 4963/2020 & CM APPL.17914/2020
W.P.(C) 5302/2020 & CM APPL.19149/2020
W.P.(C) 5535/2020 & CM APPL.19928/2020
W.P.(C) 5538/2020 & CM APPL.19943/2020
W.P.(C) 5866/2020 & CM APPL.21190/2020
List the present batch of writ petitions for hearing and disposal on 05th
July, 2021.
Parties are directed to file their short written submissions not
exceeding three pages each within eight weeks.
MANMOHAN, J
ASHA MENON, J
JANUARY 11, 2021
TS
