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SCA/10268/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10268 of 2008
=========================================================
SUBHASH
RAMAJI BHARDE - Petitioner(s)
Versus
CHAIRMAN
AND MANAGING DIRECTORO.N.G.C. LTD. & 5 - Respondent(s)
=========================================================
Appearance
:
MR
SAURABH M PATEL for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.H.SHUKLA
Date
: 12/08/2008
ORAL
ORDER
Present
petition has been filed by the petitioner challenging seniority list
of chargeman (P) Mumbai and also seeking direction that respondent
authority may issue final seniority list of Chargeman (P),MRBC,
Mumbai without any error or discrepancy and also finalize seniority
list of all region of ONGC w.e.f. 1-4-82.
Learned
advocate Mr. Saurash Patel has referred order of High Court dated
28-2-2008 in Special Civil Application No.29636 of 2007 and submitted
that pursuance to this, list has been prepared and there are
discrepancies and, therefore, present petition has been filed.
Thus,
this petition has been filed. He is asked pointed query as to
whether any representation or objection has been filed by the
petitioner to ONGC in this regard and learned advocate has stated
that his client has not filed. It is required to be mentioned that
before discretionary powers of High Court for such reliefs can be
invoked, it is incumbent and obligatory on the part of the person
like petitioner to first apply to the authority and if grievance is
not redressed only then he can move the High Court for necessary
direction.
After
Special Civil Application No.29636 of 2007 dated 30-6-2008 by the
High Court by which direction was issued for final seniority list and
progress made and the same was withdrawn as reflected in Annexure-B
which is order regarding withdrawal of aforesaid Special Civil
Application No.29636 of 2007. By order dated 30-6-2008, aforesaid
Special Civil Application No.29636 of 2007 was withdrawn and he had
been permitted with the liberty to challenge the seniority list.
Therefore, once the list is prepared, if the petitioner or any person
like the petitioner has grievance, he can raise objection and if it
is not redressed, then writ would be appropriate remedy. Admittedly
no such representation or objection has been filed by the petitioner,
and therefore, without any justification present writ has been filed
which in the opinion of this Court, deserves to be dismissed in
limine.
Learned
advocate tried to refer further affidavit in previous Special Civil
Application No.29636 of 2007 which is also produced at Annexure-H to
show that he has pointed out discrepancies. However, the fact
remains that even after this, the aforesaid petition was withdrawn,
with the liberty to challenge the seniority list. Again, before
challenging the seniority list once it is published, petitioner is
required to raise objections with regard to position in the list or
preparation of seniority list and thereafter can file such petition
for appropriate writ of certiorari or other appropriate writ.
Admittedly, the petitioner has not filed even any objection and
straightway filed the present petition, though he has earlier
withdrawn the petition.
It
is in these circumstances that learned advocate Mr.Patel for the
petitioner, after arguing for some time, seeks permission to withdraw
present petition.
Present
petition, therefore, stands disposed of as withdrawn. It goes
without saying that after the representation or objection is filed
against the seniority list for the post of Chargeman (P), MR, Mumbai
and it is considered by the respondent or not, it will be open for
the petitioner to take proper steps, including filing of writ
petition, if advised.
(Rajesh
H. Shukla, J.)
vijay*
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