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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 231 OF 2017
IN
WRIT PETITION NO. 2905 OF 2015
Siba Prasad Tripathy
Age : 35, Occupation : Servoce
Residing at : W-404, Ritu Wor;d,
Near Chandra Sekhar School,
Barrage Road, Badlapur (West)
Maharashtra ......Applicant
IN THE MATTER BETWEEN :
Union of India, through
The Admiral Superintendent
Naval Dockyard,
Mumbai-400 023. .......Petitioner
: V E R S U S :
1. Mr. Pravin Gulabrao Patil
Working at Foundryman
At Naval Dockyard, Mumbai
Residing at B.304,
Kashish Darsan CHS Ltd.
Next to Jari Mari Temple,
Tisgaon, Kalyan (East),
Mumbai-421 306.
2. Mr. Nageswara Rao Pula Pentakota
Working as Welder
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At Naval Dockyard, Mumbai
Residing at Q. No.B5/85,
DGQA Residential Complex,
Rifle Range Road, Jugdusha Nhar,
Ghatkopar (West),
Mumbai-400 023.
3. Mr. Ramesh Chandra Majhi
Working as Ice Fitter Crane,
At Naval Dockyard, Mumbai.
Residing at Room No.129/08,
NCH Colony, Kanjurmarg (West)
Mumbai-400 086.
4. Mr. Malaya Kumar Nayak
Working as an Instrument Fitter,
at Naval Dockyard, Mumbai,
Residing at B-207, Snreepad Apartment,
CHS Ltd.,Pisavali, Kalyan (East),
Thane-421 306.
5. Ms. Priyanka,
Working as Radio Fitter,
at Naval Dockyard, Mumbai,
Residing at 164/2, NCH Colony,
LBS Road, Kanjurmarg (West),
Mumbai-400 078.
6. Mr. Yogesh Nivrutti Arote
Occupation-Trainee,
Residing at Post Chitalvedhe
Akole, Ahmednagar-422 604. ......Respondents
*****
Mr. Kartikeya Behedra i/by. Kranti L.C., Advocate for the
Applicant in Notice of Motion No. 231 of 2017.
Mr. S.G. Thakur, a/w. Mr. D.P. Singh, Avocate for the
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petitioner in W.P. 2905 of 2015.
Mr. Rahul Walia, Advocate for respondents no.1 to 4.
Mr. A.M. Saraogi, Advocate for respondent no.5.
Mr. Ajinkya Udare i/by. Mr. Sugandh B. Deshmukh,
Advocate for respondent no.6.
CORAM :- SMT. V.K. TAHILRAMANI, &
SANDEEP K. SHINDE, JJ.
DATE :- 6 th JULY, 2017.
JUDGMENT (PER :- SANDEEP K. SHINDE, J) :-
1. Applicant, Siba Prasad Tripathy seeks the following reliefs in this Notice of Motion viz. that, "this High Court be pleased to direct the petitioner to finalise the appointments to the post of Chargeman (Electrical/Power) as advertised in recruitment notice dated 11th /17th January, 2014 as the same is not the subject matter of the present petition".
2. Before dealing with the prayer in Motion, it may be stated that, the applicant, Tripathi is neither petitioner nor respondent in the subject writ petition. The ::: Uploaded on - 10/07/2017 ::: Downloaded on - 13/07/2017 00:08:32 ::: Rane * 4/6 * subject writ petition is filed by the Union of India against the order dated 13th March, 2015 passed in O.A. No. 425, 426, 427, 428, 430 and 445 of 2014. The applicant herein was not the applicant in the aforesaid Original Applications. Therefore, at the first place, this Notice of Motion is not maintainable.
3. The applicant herein had applied for a direct recruitment of Chargeman under the category of Electrical Discipline as per the Notification published by Naval Dockyard dated 11th -17th January, 2014. It is his case that, in the above mentioned category, there are no trades unlike in case of other categories i.e. electronics, civil and mechanical. It is his case that, there are total nine vacancies as per the Notification in the electrical category. The written examination was conducted in March, 2014 and the candidates were shortlisted in each individual category. It is his case that, out of six candidates who got shortlisted under the category of electrical trade, Mr. Chandan Srivastav, got selected in ::: Uploaded on - 10/07/2017 ::: Downloaded on - 13/07/2017 00:08:32 ::: Rane * 5/6 * Ex-Servicemen quota. He would contend that, Mr. Srivastav is unwilling to join. It is the applicant's case that, he is in the first position in the waiting list in unreserved category of electrical trade. In these circumstances, he applied to the Admiral Superintendent, Naval Dockyard to consider him for selection as per the merit list for recruitment of Chargeman under electrical discipline. He made this request in May, 2015. . It is his case, that his request was not considered for the reason that the selection process of Chargeman is subjudiced. On this background, he seeks the relief, to direct the Union of India to finalise the appointment to the post of Chargeman (Electrical/Power). . The bundle of facts narrated hereinabove gives rise to a distinct-independent cause of action. The issue in the subject petition is all together different and therefore the petitioner's remedy lies somewhere else and not by way of taking out Notice of Motion in Writ Petition No. 2905 of 2015.
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4. That for the aforesaid reason, there is no substance in this Notice of Motion and the same is dismissed with no order as to costs.
(SANDEEP K. SHINDE, J) (SMT. V.K. TAHILRAMANI, J) ::: Uploaded on - 10/07/2017 ::: Downloaded on - 13/07/2017 00:08:32 :::