Pragati D. Ingle v. The Union Of India Thr. Secretary And ORS

17.wp.4910-21 Diksha Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4910 OF 2021 Pragati D. Ingle .. Petitioner Vs.

The Union of India and ors.

.. Respondents ------------ Adv. Annie Nadar a/w. Adv. Linet Nadar for the petitioner. Mr. R.R. Shetty a/w. A.R. Gole for respondents - UOI. ------------ C0RAM : DIPANKAR DATTA, CJ & M. S. KARNIK, J.

DATE : SEPTEMBER 8, 2021 Digitally signed by DIKSHA DINESH RANE Date:

2021.09.09 14:31:55 +0530 DIKSHA DINESH RANE P.C. :

1.

This writ petition is directed against the order dated August 13, 2021 passed by the Central Administrative Tribunal, Mumbai Bench, Mumbai declining to grant interim relief and fixing the original application of the petitioner for final hearing on October 11, 2021.

2.

We are of the view that if interim relief, as prayed for by the petitioner, were granted, that would in effect amount to granting the principal relief claimed in the original application without leaving any point to be decided at the 1/2

17.wp.4910-21 time of final hearing. There are no doubt exceptions to this rule but, in this case, no such exception exists. In such view of the matter, we do not propose to interfere with the order of the Tribunal under challenge.

3.

The writ petition fails and is dismissed. No costs. 4.

Since we are informed that the pleadings before the Tribunal are complete, the Tribunal is requested to decide the original application in accordance with law, as early as possible.

(M.S. KARNIK, J.) (CHIEF JUSTICE) 2/2