Central Railway Audit Association (Category Ii) v. Union Of India And ORS.

skc 405-WP-10536-04

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10536 OF 2004 Central Railway Audit Association (Category II)

...Petitioner

Versus

Union of India & Ors.

...Respondents

Ms Bharati Mahant for Petitioner.

Mr. Suresh Kumar for Respondent Nos. 1 and 2. Mrs. Neeta Masurkar with Ms Nieyaati Masurkar for Respondent No. 3.

CORAM: SMT. V. K. TAHILRAMANI, Acting C. J. & M. S. SONAK, J.

DATE : 05 JULY 2018 P.C. :

1] Ms Mahant, the learned counsel for the petitioner states that she has made several efforts to contact the petitioner and seek instructions as regards the present status of the matter and as to whether, the petitioner, is still interested in pursuing this petition. She places on record the correspondence in this regard, which is taken on record and marked as 'X' Collectively for the purposes of identification.

2] The petitioner in Original Application before the Central Administrative Tribunal, from which, the impugned

skc 405-WP-10536-04 judgment and order arises, had basically applied for certain reliefs in relation to the implementation of the Fourth Central Pay Commission. Admittedly, thereafter, there have been at least three further pay commission recommendations which have been made, accepted and possibly implemented.

3] The learned counsel for the respondents suggests that it is possible that the grievances of the petitioner stand redressed on account of such subsequent developments and therefore, they are not interested in pursuing the present petition.

4] Taking into consideration the aforesaid subsequent developments as also the absence of any response from the petitioner to their own Advocate, we are also of the opinion that no useful purpose will be served by pending the present petition. Accordingly, we dismiss this petition for non prosecution. Rule is discharged. There shall be no order as to costs.

(M.S. SONAK, J.) (ACTING CHIEF JUSTICE) CHANDKA