Bombay High Court
Union Of India vs Pravin Gulabrao Patil And 5 Ors And ... on 6 July, 2017
Bench: V.K. Tahilramani
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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
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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
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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)
