Sadashiv Lingram Haridas And ANR v. The Cabinet Secretary, Govt Of India And ORS

1 wp 6054.05

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6054 OF 2005 Sadashiv Lingram Haridas and another .. Petitioners

Versus

The Cabinet Secretary Govt. of India New Delhi and others .. Respondents Shri Kale, Advocate h/f Shri S. B. Talekar, Advocates for Petitioners.

Mrs. A. V. Gondhalekar, Addl.G.P. for the Respondent No. 4. CORAM : S. V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE : 10TH AUGUST, 2017.

PER COURT :

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The learned counsel for petitioners submits that, the academic issue is required to be decided in the present matter that is the regulation providing for unequal treatment for the same post was discriminatory, particularly when the test for such classification was not based on intelligible differentia. 2.

Both petitioners have attained age of superannuation. Even, according to petitioners, issue remains academic. As the issue is merely academic, we are not entering into the said question. The said issue can be considered in appropriate

2 wp 6054.05 petition. The writ petition accordingly is disposed of. Rule discharged. No costs.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] bsb/Aug. 17