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Bombay High CourtWP/1292/2004rule discharged

Union Of India And ANR. v. All India S.C./S.T. Railway Employees Ass. And ORS.

2018-01-24Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Smt. Justice V.K. Tahilramani2 pages

Civil WP 4376-04 with 1292-04.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4376 OF 2004 Smt. P.J. Joshi & anr.

...Petitioners

Vs.

All India Scheduled Caste Scheduled Tribe Railway Employees Association & ors.

...Respondents

WITH WRIT PETITION NO. 1292 OF 2004 Union of India & anr.

...Petitioners

Vs.

All India Scheduled Caste Scheduled Tribe Railway Employees Association & ors.

...Respondents

...........

Mr. G.K. Masand i/by Smt. S.D. Gulhane, Advocate for the petitioners.

Mr. T.J. Pandian, Advocate for the respondent Nos. 3 and 4. ...........

CORAM : SMT. V.K. TAHILRAMANI ACTING C.J.

AND M.S.KARNIK, J.

DATE : 24th JANUARY, 2018.

ORDER (PER M.S.KARNIK, J.) :- When the matter was called out today for final hearing it was pointed out that the petitioners in W.P. No.4376 of 20014 have already retired from service. It is pointed out that in 1/2

Civil WP 4376-04 with 1292-04.doc so far as the employees on whose behalf Writ Petitions are filed having retired, the issue involved remains only of academic interest.

2.

Learned Counsel Shri Pandian for respondent Nos. 3 and 4 in W.P.No. 4376 of 2004 and petitioners in W.P.No. 1292 of 2004 faintly urged that the issue involved in these petitions is of some importance. Having regard to the fact that the petitioners have already retired, in our opinion, these petitions need not be taken any further. As the petitioners in W.P. No. 4376 of 2004 have worked as Chief Matron and retired, question of effecting any recovery from them does not arise.

3.

By keeping the issues involved in the present petitions open to be decided in appropriate proceedings, the petitions are dismissed.

4.

Rule is discharged with no order as to costs. (M.S.KARNIK, J.) (ACTING CHIEF JUSTICE) 2/2