High CourtsDivision Bench(2020) 07 DEL CK 0198

Shalini Singh vs United India Insurance Company Limited & Ors

Delhi High Court · Decided on 27 July 2020

HON’BLE JUDGES
Siddharth Mridul, J · Talwant Singh, J
RESULT
Disposed Of
CASE NUMBER
Letter Patent Appeal No. 184 Of 2020, Civil Miscellaneous Application No. 16492 Of 2020

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Judgment

43 paragraphs · 562 words

Siddharth Mridul, J

CM APPL.16493/2020 (Exemption)

Exemption allowed, subject to all just exceptions.

The application is disposed of accordingly.

CM APPL.16495/2020 (Exemption)

The present application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the applicant/appellant seeking exemption

from filing duly attested affidavits in support of the accompanying appeal, as well as, applications.

For the reasons stated in the application and in view of the present prevailing situation, the same is allowed. The applicant/appellant is allowed to file

the duly signed and attested affidavits within a period of one week from the date of resumption of regular functioning of the Court.

With the above direction, the present application is disposed of.

CM APPL.16494/2020 (Condonation of Delay)

The present application under Section 5 of Limitation Act read with Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the

applicant/appellant seeking condonation of delay of 5 days in filing the accompanying appeal.

Issue notice.

Counsel as above, accept notice on behalf of the non-applicant/respondents and fairly do not oppose the application.

In view of the foregoing and for the reasons stated in the application, which are duly supported by an affidavit, the present

application is allowed. The delay of 5 days in filing the accompanying appeal is condoned.

The application is disposed of accordingly.

LPA 184/2020

1.

The present Letters Patent Appeal assails an interlocutory order dated 17.06.2020, passed by the Hon’ble Single Judge in CM APPL.

No.12443/2020 in W.P. (C) 38487/2019 titled as ‘Mrs. Shalini Singh vs. United India Insurance Company Limited and Ors.’, which is pending

adjudication before this Hon’ble Court.

2.

Issue notice.

3.

Counsel, as above accept notice on behalf of the respondents.

4.

With the consent of learned counsel appearing on behalf of the parties, the appeal has been heard finally and is disposed of by way of the following

consent order.

5.

The United India Insurance Company Limited, the respondent No.1 herein, undertakes to transmit the requisite forms for the Annual Performance

Appraisal Report (APAR) qua the appellant for the years 2018-19 and 2019-20 to the appellant by electronic mail during the course of the day

tomorrow.

6.

The appellant shall download the said forms, so transmitted to her, and submit it to the authority appointed by the United India Insurance Company

Limited/respondent No.1 physically, within a day thereafter.

7.

The United India Insurance Company Limited/respondent No.1 undertakes that the Annual Performance Appraisal Report (APAR) qua the

appellant shall be considered by the Competent Authority apart from respondent Nos.3 and 5, against whom the appellant has alleged mala fides,

within a period of two working days thereafter.

8.

The United India Insurance Company Limited/respondent No.1 also undertakes that the interview of the appellant for promotion to the next post

shall thereafter be conducted, in accordance with law and the extant Regulations, along with the other candidates of the appellant’s batch, who

are being considered in the current promotion exercise.

9.

Directed accordingly.

10.

No further directions are called for.

11.

With the above directions, which have been issued with the consent of the parties, the appeal is disposed of. The pending application also stands

disposed of.

12.

A copy of this judgment be provided to learned counsel appearing on behalf of the parties electronically and also be uploaded on the website of this

Court forthwith.