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Vipul Pandey And Others v. Union Of India And Others

Delhi High Court
Sep 25, 2020
Smart Summary (Beta)

Summary of Judicial Opinion: W.P. (C) 6989/2020

Factual and Procedural Background

This opinion records orders in Writ Petition (Civil) No. 6989 of 2020. The record states that 58 personnel of the respondent Border Security Force (BSF) claim to be similarly placed as the petitioners in W.P.(C) 6548/2020. The earlier petition W.P.(C) 6548/2020 had come up before the court on 17 September, 2020 and, by a reasoned order of that date, was posted for 5 October, 2020. In the present matter the court "Allowed" an application (subject to exceptions and extant rules) and disposed of the application. The court issued notice, which was accepted by the respondents' counsel, and directed that the petition be listed on 5 October, 2020. The respondents' counsel, appearing on advance notice, requested that this petition be taken up on the same day as the earlier-filed petition.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The document is a short order and contains limited reasoning. The court's recorded steps and the legal basis, as stated in the text, are:

  • The court "Allowed" the application, expressly qualifying that allowance by the words "subject to just exceptions and as per extant rules." This phrase appears as the operative limitation on the allowance.
  • The court recorded that the application is disposed of following allowance.
  • The court noted that 58 BSF personnel assert they are similarly placed to petitioners in W.P.(C)6548/2020, which had been before the court on 17 September, 2020 and was posted for hearing on 5 October, 2020.
  • On the representation of the respondents' counsel (appearing on advance notice), the court accepted the request that the current petition be taken up on the same date as W.P.(C)6548/2020.
  • The court directed that notice be issued and recorded that notice was accepted by the respondents' counsel.
  • Finally, the court listed the matter for 5 October, 2020.

Because the text is an order rather than a full reasoned opinion, the court's analysis is largely procedural: allowance (with specified qualification), disposal of the application, issuance and acceptance of notice, and scheduling for the stated date.

Holding and Implications

CORE RULING: APPLICATION ALLOWED SUBJECT TO JUST EXCEPTIONS AND AS PER EXTANT RULES; THE APPLICATION IS DISPOSED OF.

Direct Consequences for the Parties

  • The application before the court has been allowed, subject to the stated qualification ("just exceptions" and "as per extant rules").
  • The application has been disposed of as recorded by the court.
  • Notice was issued in the matter and was accepted by the respondents' counsel.
  • The petition has been listed for hearing on 5 October, 2020; the respondents' counsel requested that it be taken up on the same day as W.P.(C)6548/2020.

Broader Implications

The opinion does not articulate broader legal or precedential consequences. No new legal precedent is stated to have been established in this short order; the document functions as a procedural disposition and scheduling order constrained by the qualification attached to the allowance.

Show all summary ...

1. Allowed, subject to just exceptions and as per extant rules.

2. The application is disposed of.

W.P. (C) 6989/2020

3. The 58 personnel of the respondents Border Security Force (BSF) claim to be similarly placed as the petitioners in W.P.(C)6548/2020 which had come up before us on 17 September, 2020 and which, by reasoned order of that date, is now posted on 5 October, 2020.

4. The counsel for the respondents appearing on advance notice states that this petition also be taken up on the same day.

5. Issue notice.

6. Notice is accepted by the counsel for the respondents.

7. List on 5 October, 2020.