Bombay High CourtWP/212/2016dispossed offdismiss for default

Shri Abdul Salam S/O Abdul Aziz v. Union Of India Thr General Manager, Central Railway, Mumbai And Others

2016-07-20Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi3 pages

FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 212/2016 (ABDUL SALAM ABDUL AZIZ & ANOTHER VERSUS UNION OF INDIA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.W. Mirza, counsel for the petitioners. CORAM : SMT.VASANTI A. NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : JULY 20 , 2016.

By this writ petition, the petitioners have sought a direction against the respondent no.2 to grant relaxation of the age to the petitioner no.2.

Since we find that the petitioners would have an alternate remedy for seeking the relief sought by the prayer referred to hereinabove, as the petitioners can file an original application before the Central Administrative Tribunal, the learned counsel for the petitioners states that the grievance of the petitioners would stand redressed, if this Court directs the respondent no.2 to only decide the representation made by the petitioners for relaxation of the age of the petitioner no.2. It is stated that after the petitioner no.2 attained the age of majority, the petitioner no.1 has again made the representation on 10.09.2015 seeking the appointment of the petitioner no.2 after relaxation of the condition of the age.

Since the prayer that is now sought to be made on behalf of the petitioners appears to be innocuous, we dispose of the writ petition with a direction to the respondent no.2 to decide the representation of the petitioners within four months. It is needless to mention that if the representation of the petitioners is not decided favourably, the petitioners would have an alternate remedy.

Order accordingly. No costs.

JUDGE JUDGE APTE

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