Shri. Rajesh Kumar v. The Union Of India, Thrugh The Secretary, Ministy Of Shipping , New Delhi And ORS

(11)-WP-1015-19.doc BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1015 OF 2019 Shri. Rajesh Kumar ..Petitioner

Versus

The Union of India and others ..Respondents Mr. Mihir Desai, Senior Advocate I/by Mr. Roshan S. Tanna, Advocate for the Petitioner.

Mr. Neel Helekar a/w Mr. Anand Singh, Advocates for Respondent Nos.1 & 2 - Union of India.

CORAM: B. R. GAVAI & N. J. JAMADAR, JJ.

DATE: 28th JANUARY, 2019 P.C.:- 1] Petitioner has approached this Court, contending therein that after completion of his deputation to Kandla Special Economic Zone, though he has been repatriated to his parent employer i.e. Respondent No.2, he may not get the posting within reasonable time. 2] Mr Helekar, learned Counsel appearing on behalf of Respondent Nos. 1 and 2, has placed on record a communication dated 25/1/2019 addressed to the Petitioner by Deputy Director General of Shipping, informing him that his request for continuation of deputation is rejected and he has been directed to immediately report back to the Director General of Shipping after completion of his 1/2

(11)-WP-1015-19.doc period of deputation.

3] Since the Petitioner is a permanent employee of Respondent No.2, once his deputation is over, and he comes to the Establishment of Respondent No.2, Respondents are bound to give him posting. 4] Only on the basis of apprehension that the Petitioner may not get posting in reasonable time, this Court cannot exercise its jurisdiction under Article 226 of the Constitution of India. 5] Petition is wholly premature in nature and therefore rejected. (N. J. JAMADAR, J.) (B. R. GAVAI, J.) 2/2