Pappu Niranjan Parida And ANR. v. Union Of India And ORS.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9128 OF 2015 Pappu Niranjan Parida & Anr.
....Petitioners.
Vs.
Union of India & Ors.
....Respondents.
Mr. Subhash Jha I/by Law Global Advocates for the Petitioners. Ms. Neeta Masurkar a/w Mr. Vinay Masurkar and M.S. Bharadwaj for the Respondents.
CORAM : ANOOP V. MOHTA AND A.A. SAYED, JJ.
DATE : 23 SEPTEMBER 2015.
ORDER:- Heard the learned counsel appearing for the Petitioners, as well as, the Respondents.
The Petitioners, though not party to the proceedings initiated by other similarly situated persons through O.A. Nos. 343 of 2013, 210 of 2015, 517 of 2013 and 475 of 2013 before the Central Administrative Tribunal, Mumbai Bench, Mumbai is impugning the order dated 19 August 2015 by directly filing the present Writ Petition invoking Article 226 of the Constitution of India. 1/3
ssm 2 We are not inclined to entertain the Writ Petition, as the remedy is available to the Petitioners in law needs to be exhausted. We have considered the Judgments of the Supreme Court in K. Ajit Babu & Ors. Vs. Union of India & Ors.
1 and Gopabandhu Biswal Vs.
Krishna Chandra Mohanty & Ors.
2 cited by the learned Counsel for the Respondents which deal with somewhat similar aspects. The Judgments cited by the learned Counsel appearing for the Petitioners viz. (1) K. Ajit Babu, (2) Gopabandhu Biswal (supra) , are distinct and distinguishable on facts, as well as, on the law. We are dealing with the service matter, where the statute itself provides remedy to such aggrieved persons. Therefore, without expressing any opinion on merits of the matter, we decline to entertain the present Writ Petition. Writ Petition is accordingly dismissed with liberty to adopt appropriate remedy. There shall be no order as to costs. (A.A. SAYED, J.) (ANOOP V. MOHTA, J.) (1997) 6 SCC 473 (1998) 4 SCC 447 2/3
ssm 3 CERTIFICATE Certified to be true and correct copy of the Original signed Judgment/Order.
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