Union Of India And ORS. v. M. S. Rao And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1338 OF 2018 IN WRIT PETITION NO. 2603 OF 2007 Union of India and ors ... Applicants In the matter of between Shri. A.K. Biswas and ors.

... Petitioners

Versus

Union of India and ors.

... Respondents.

WITH CIVIL APPLICATION NO. 1340 OF 2018 IN WRIT PETITION NO. 7480 OF 2010 Union of India and ors ... Applicants In the matter of between Union of India and ors.

... Petitioners

Versus

Shri. A.R. Satale and ors.

... Respondents.

WITH CIVIL APPLICATION NO. 1335 OF 2018 IN WRIT PETITION NO. 7271 OF 2010 Union of India and ors ... Applicants In the matter of between Union of India and ors.

... Petitioners

Versus

S.R. Pagar and ors.

... Respondents.

WITH CIVIL APPLICATION NO. 1339 OF 2018 IN WRIT PETITION NO. 7157 OF 2010 Union of India and ors ... Applicants In the matter of between Union of India and ors.

... Petitioners

Versus

M.S. Rao and ors.

... Respondents.

Dinesh Sadanand Sherla Dinesh Sadanand Sherla Date: 2018.07.09 17:14:16 +0530 D.S.Sherla page 1 of 7

WITH CIVIL APPLICATION NO. 1337 OF 2018 IN WRIT PETITION NO. 7055 OF 2010 Union of India and ors ... Applicants In the matter of between Union of India and ors.

... Petitioners

Versus

Vijay D. Kasbe and ors.

... Respondents.

Mrs Neeta V. Masurkar a/w. Mr.Y.S. Bhate, D.A.Dube and Upendra Lokegaonkar and Nieyaati Masurkar for the Applicants - Union of India (UOI), Security Printing and Minting Corporation of India Ltd. (SPMC), India Security Press (ISP), Currency Note Press (CNP).

Ms Leena Patil for the Petitioners in WP No.2603 of 2007. Ms Seema Sarnaik I/b Amey Tamhane & Mr. Chetan Agarwal for the Respondent in WP 7055 of 2010.

Mr. G.K. Masand I/b Mr. Ajeet A. Manwani for the Respondents in WP 7157, 7271 and 7480 of 2010. CORAM : SMT. V. K. TAHILRAMANI, Acting C.J. & M. S. SONAK, J.

DATE : 28.06.2018.

COMMON ORDER:

1] Not on board. Taken on board.

2] Heard learned counsel for the parties.

3] At the stage, when the main writ petitions were to be taken up for final hearing, Mr. Bhate and Ms Neeta Masurkar, learned counsel for Union of India (UOI), Security D.S.Sherla page 2 of 7

Printing and Minting Corporation of India Ltd. (SPMC), India Security Press (ISP), Currency Note Press (CNP) requested for disposal of the civil applications.

4] The aforesaid learned counsel submitted that in each of the petitions, wherein UOI, SPMC, ISP & CNP are petitioners, some of the respondents have settled the matters by agreeing to accept special allowance and not insisting upon the payment of Double Over Time Allowance (DOTA). They further point out that Writ Petition No. 2603 of 2007 instituted by A.K. Biswas and others, some of the petitioners have similarly compromised the matter. They point out that the terms of such compromise along with the undertakings of such persons have been annexed as exhibits to the respective civil applications. They submit that in the light of such compromise, the names of such specified respondents in all the writ petitions except Writ Petition No. 2603 of 2007 and the names of the specified petitioners in Writ Petition No. 2603 of 2007 be struck of and matters be declared as compromised vis-a-vis such persons, in terms of compromise details appended to the civil applications.

D.S.Sherla page 3 of 7

5] Learned counsel appearing for the respondents in all the writ petitions except Writ Petition No. 2603 of 2007 and learned counsel appearing for the petitioners in Writ Petition No. 2603 of 2007 stated that they have no concrete instructions in the matter and if the terms of compromise have been annexed to the civil applications, the civil applications may be disposed of as this Court deems fit and appropriate.

6] No. 1337 of 2018 in Writ Petition No. 7055 of 2010, it appears that respondent No.8 Shri. Shrawan P. Atram in Writ Petition No. 7055 of 2010 has entered into compromise with the applicants/petitioners in the said petition. Accordingly, the civil application is made absolute in terms of prayer clause (a) and leave is granted to the petitioners in the said petition to delete the name of respondent No.8 Shri. Shrawan P. Atram.

7] Necessary amendment to be carried out forthwith. The Registry is also authorised to carry out necessary D.S.Sherla page 4 of 7

amendment to the cause title. Civil Application No. 1337 of 2018 is disposed of accordingly.

8] No. 1339 of 2018 in Writ Petition No. 7157 of 2010, it does appear that the position of respondent Nos. 12 to 14, 19, 20, 22 to 24, 29, 31, 32, 34, 36, 41, 44, 57, 58, 60 to 65 and 68 in Writ Petition No. 7157 of 2010 is the same as the position of respondent No.8 Shrawan P. Atram in Writ Petition No. 7055 of 2010. Accordingly, the civil application is made absolute in terms of prayer clause (a) and leave is granted to the petitioners in the said petition to delete the names of respondent Nos. 12 to 14, 19, 20, 22 to 24, 29, 31,32,34, 36, 41, 44, 57, 58, 60 to 65 and 68. Necessary amendment to be carried out forthwith. The Registry is also authorised to carry out necessary amendment to the cause title. Civil Application No. 1339 of 2018 is disposed of accordingly.

9] No. 1335 of 2018 in Writ Petition No. 7271 of 2010, it does appear that the position of respondent Nos. 1 to 7 and 9 in D.S.Sherla page 5 of 7

Writ Petition No. 7271 of 2010 is the same as the position of respondent No.8 Shrawan P. Atram in Writ Petition No. 7055 of 2010. Accordingly, the civil application is made absolute in terms of prayer clause (a) and leave is granted to the petitioners in the said petition to delete the names of respondent Nos.1 to 7 and 9. Necessary amendment to be carried out forthwith. The Registry is also authorised to carry out necessary amendment to the cause title. Civil Application No. 1335 of 2018 is disposed of accordingly. 10] No. 1340 of 2018 in Writ Petition No. 7480 of 2010, it does appear that the position of respondent Nos.1 to 4 and 6 to 14 in Writ Petition No. 7480 of 2010 is the same as the position of respondent No.8 Shrawan P. Atram in Writ Petition No. 7055 of 2010.

Accordingly, the civil application is made absolute in terms of prayer clause (a) and leave is granted to the petitioners in the said petition to delete the names of respondent Nos.1 to 4 and 6 to 14. Necessary amendment to be carried out forthwith. The Registry is also authorised to carry out necessary amendment to the cause D.S.

title. Civil Application No.1340 of 2018 is disposed of accordingly.

11] No. 1338 of 2018 in Writ Petition No. 2603 of 2007, it does appear that the position of petitioner Nos.10 to 16 in Writ Petition No. 2603 of 2007 is the same as the position of respondent No.8 Shrawan P. Atram in Writ Petition No. 7055 of 2010. Accordingly, the names of the petitioner Nos.10 to 16 are to be struck off from the array of the petitioners in Writ Petition No. 2603 of 2007. The remaining petitioners are directed to carry out the amendment to the cause title forthwith or in the alternate, the Registry to carry out this amendment forthwith. Civil Application No. 1338 of 2018 is disposed of accordingly.

12] All the civil applications are disposed of in the aforesaid terms.

(M.S. SONAK, J.) (ACTING CHIEF JUSTICE) D.S.Sherla page 7 of 7