MAHENDRA SINGH Vs. ENERGY EFFICIENCY SERVICES LTD

JUDGEMENT

(1.) The appeal impugns the order dated 12th October, 2020 of the Single Judge, of dismissal of W.P.(C) No.7797/2020 filed by the appellants along with several others, impugning the advertisement dated 15th October, 2019 issued by the respondent No.1 Energy Efficiency Services Ltd. (EESL) and seeking mandamus, directing the respondent No.1 EESL to absorb the appellants and other petitioners in regular positions, after declaring the result of the interviews held between 24th June and 26th June, 2019 and the nonexecutive petitioners, on the basis of Annual Confidential Reports.

(2.) The Single Judge, finding that the impugned advertisement was issued on 15th October, 2019 and the writ petition impugning the same had been filed on 28th September, 2020 i.e. after the recruitment process in pursuance to the impugned advertisement had begun and was at an advanced stage, vide the impugned order/judgment has dismissed the writ petition as barred by delay and laches.

(3.) It was inter alia the case of the appellants and the other petitioners in the writ petition, (i) that they were employed with the respondent EESL as fixed tenure employees; (ii) that they, at the time of filing of the writ petition, had been working with the respondent EESL for about 3 to 4 years and that there was a policy for regularising them, but they had not been regularised; (iii) that without regularising the appellants and the other petitioners, the respondent EESL had vide the impugned advertisement commenced the process of recruiting fresh employees and which the respondent EESL was not entitled to, without considering the appellants and other petitioners for recruitment; and, (iv) that additionally, as aforesaid, mandamus for regularisation of the appellants and the other petitioners was sought.