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Bombay High CourtWP/324/2022allowed to be withdrawn at admission stage

Sharad S. Pente v. Union Of Inida Thr. Secretary Dept. Of Atomic Energy

2022-01-11Hon'Ble The Chief Justice,Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

7-WP.324.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 324 OF 2022 Sharad S. Pente } Petitioner

Versus

Union of India } Respondent Mr. Sharad S. Pente, petitioner-in-person.

None for the respondent.

CORAM: DIPANKAR DATTA, CJ & PRITHVIRAJ K. CHAVAN, J.

DATE :

JANUARY 11, 2022 P.C.:

1.

The petitioner has instituted this writ petition seeking, inter alia, the following reliefs: - "a) In the view of legal facts and circumstances, in the interest of timely justice, be pleased to pass the order for 'stay', on order passed by Head, P&C Division BARC dated 08/07/2019 (Ref:

PR/2012/Vig.(Part File)/128254), till the disposal/ finality of this litigation.

b) Be pleased to give direction to Director, Bhabha Atomic Research Centre (BARC) Mumbai, to activate the Contributory Health Service Scheme (CHSS) facility for family of Petitioner with immediate effect.

c) Direction to BARC for payment, R50000/- per month, for livelihood, to Petitioner till the disposal/finality of this litigation; with arrears amount from month of July 2019."

J.V.Salunke,PS

7-WP.324.2022 2.

After hearing progressed to some length, Mr. Pente, the petitioner appearing in-person, seeks leave to withdraw this writ petition. He, however, prays for an order on the Central Administrative Tribunal, Mumbai Bench, Mumbai (hereafter "the Tribunal", for short), where his original application (Original Application No. 586 of 2021) is pending, to dispose of the same in accordance with law as early as possible. 3.

We have perused the order dated December 9, 2021 passed by the Tribunal on the original application. While assigning cogent reasons to decline interim relief, the Tribunal has fixed January 14, 2022 for final arguments. 4.

In such view of the matter, we are of the opinion that no interference at this stage is called for. We also find that the Tribunal, conscious of the difficulties being faced by the petitioner, has already fixed an early date of hearing. We hope and trust that the Tribunal shall proceed to hear the parties finally on January 14, 2022 and make earnest endeavour to dispose of the original application in accordance with law, as early as possible thereafter.

5.

With these observations, the writ petition stands disposed of. There shall be no order as to costs. (PRITHVIRAJ K. CHAVAN, J.) (CHIEF JUSTICE) Digitally signed by PRAVIN DASHARATH PANDIT Date:

2022.01.12 12:00:00 +0530 PRAVIN DASHARATH PANDIT J.V.Salunke,PS