Vembai Amavasi vs The Union Of India And Ors
2021 Latest Caselaw 3702 Bom

                                                                6-WP.8830.2007


  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          CIVIL APPELLATE JURISDICTION

                 WRIT PETITION NO. 8830 OF 2007

Smt. Vembai Amavasi                      }      Petitioner
    Versus
Union of India and Ors.                  }      Respondents


None for the petitioner.

Mr. T. J. Pandian with Mr. T. C. Subramanian,
Mr.Dheer Sampat and Mr.Shivan Singh for
respondent no.1.


                     CORAM :- DIPANKAR DATTA, CJ &
                              G. S. KULKARNI, J.

                     DATE :-      FEBRUARY 26, 2021


PC :-

1. Relying on the decision of the Supreme Court in Secretary, State of Kanataka and Ors. vs. Umadevi and Ors., reported in 2006(1) SCSLJ 480, Central Administrative Tribunal, Bombay Bench at Mumbai dismissed Original Application No. 647 of 2004 along with Original Application No. 646 of 2004 by its common judgment and order dated 24th August 2006. The said order is the subject matter of challenge in this writ petition at the instance of the original applicant in Original Application No. 647 of 2004.

2. We have been informed by Mr.Pandian, learned advocate for the respondent that Writ Petition No. 240 of 2007 was

J.V.Salunke,PS 6-WP.8830.2007

presented before this court by the original applicant in Original Application No. 646 of 2004. Such writ petition stands dismissed for non-prosecution pursuant to order dated 9th February 2007. The present petitioner was 40 years' old when she moved the Tribunal. She was engaged on daily wages for a short period and sought for regularisation of service. The original application was dismissed having regard to the law laid down in Umadevi (supra).

3. We feel that the petitioner is no longer interested to prosecute this writ petition. Accordingly, the writ petition stands dismissed for non-prosecution.

Jayant V.

Salunke Digitally signed by Jayant V. Salunke (G. S. KULKARNI, J.) (CHIEF JUSTICE) Date: 2021.03.01 11:09:03 +0530

J.V.Salunke,PS