Malkhan Singh & Ors. Versus Union of India & Ors.
Court / Forum : Delhi High Court
Citation : W.P. (C) 4905/2020
Coram : Justice Rajiv Sahai Endlaw and Justice Asha Menon
Subject : Impact of earlier judgement on similarly placed petitioners.
Date of Decision : 2020-08-05
Brief Facts
- The petitioners, who are Head Constables (Driver/Driver cum-Pump Operators) in the respondent Central Industrial Security Force (CISF), preferred this petition against the impugned orders dated May 26, 2020 and June 23, 2020 of rejection of their representations to CISF, to grant to them the same benefit as granted to the petitioners similarly placed as the petitioners herein vide judgment dated November 30, 2018 titled Vinoj V.V. & Ors. Vs. Union of India & Anr[1].
- The petitioners argued that in spite of the Supreme Court clearly spelling out in State of Uttar Pradesh Vs. Arvind Kumar Srivastava[2] that the benefit has to be granted to all similarly placed i.e. even to those not petitioners before the Court, the respondent continue to compel the petitioners, who are posted at far off places, to approach the Courts, to be entitled to the benefit.
Issues
- Whether the petitioners need to approach court once the court has already in a petition filed by similarly situated petitioners in other case, ordered a particular relief or directed a particular entitlement?
Decision
- The Hon’ble High Court held that the petitioners are entitled to relief on the basis of judgments passed by court in a petition filed by similarly situated persons in other case, without each of them, to their extreme hardship, being required to approach the courts.
- Accordingly, the Hon’ble High Court allowed the petition.
Vipul Ganda is a Delhi based Advocate practicing largely at the Delhi High Court. His practice focus is Dispute Resolution and Litigation and his practice areas include Arbitration, Commercial, Civil, Constitutional, Corporate and Criminal Litigation.
