9WP4135-2024.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 4135 OF 2024 Edward Swalin D’cunha. ...Petitioner Versus Shippiing Corporation of India ...Respondent _______ Mr. Pradeep Havnur i/b. Swetapadmasini Dasle, Khusbu Bani, for Petitioner. Ms. Nikita Bordepatil, with Ms. Tithi Raut i/b. FF & Associates, for Respondent. Mr. Manoj Kumar Sharma, DGM Shore Personnel P&A Dept, Officer for SCI present. _______ CORAM: G. S. KULKARNI & AARTI SATHE, JJ. DATE: 22 JUNE 2026 P.C. 1. This petition under Article 226 of the Constitution is filed praying for the following substantive reliefs:- (a) that this Hon’ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or writ of certiorari or any other appropriate writ or order directing the Respondents to place before this Hon’ble Court all relevant papers and documents with respect to the service of the Petitioner and upon perusal of the same, be pleased to direct the Respondents to comply with the Judgment dated 18.03.2010 passed in Writ Petition No.716 of 2008 and direct Respondents to adhere to Petitioner’s representation dated 11.09.2023 in its true letter and spirit. (b) That the Respondents be ordered and directed to adhere to Petitioner’s representation dated 11.09.2023 by P. V. Rane PRASHANT VILAS RANE Digitally signed by PRASHANT VILAS RANE Date: 2026.06.23 13:30:39 +0530 9WP4135-2024.DOC giving personal hearing, in time bound manner in the interest of justice;” 2. The only prayer in the petition is that the representation of the petitioner dated 11 September 2023 be decided. Considering the prayer, a co-ordinate Bench of this Court on 7 December 2023 had passed the following order: “1. Issue notice to the respondents, returnable on 25th January 2024. Learned counsel waives notice for the respondent. 2. In the meanwhile, the respondent shall consider the petitioner’s representation dated 11th September 2023 (page 55 of the Petition) and file an affidavit in that regard.” 3. We find from the record that thereafter on 25 July 2025 the First Bench of this Court passed the following order recording that the petitioner has been reinstated in service and all legally payable dues to him have been paid. In the judgment rendered in the case of the petitioner vide Writ Petition No. 716 of 2008, the following directions were passed by this Court while interfering with the order dated 30th December 2006. "46. In light of the aforesaid discussion, we set aside the impugned order dated 30th December, 2006 passed by respondent No. 1-Commissioner and direct respondent No. 2-SCI to continue the petitioner in their service with all consequential benefits including arrears of salary, annual increments and promotions, etc. Respondent No. 2-SCI is directed to provide to the petitioner an appropriate light and suitable onshore post. In the event, the SCI is unable to provide such onshore post to the petitioner, the petitioner shall be kept on supernumerary post until a suitable post is made available to him or he attains the age of superannuation, whichever is earlier. The above exercise shall be carried out by SCI within a period of six weeks from today." 2. This is not in dispute that the judgment rendered in Writ Petition No.716 of 2008 attained finality when the Special Leave Petition filed by the respondent- State was dismissed on 22nd October 2013. 3. Notwithstanding that, the petitioner was constrained to approach this Court by filing Writ Petition No.4135 of 2024. 4. The filing of a fresh writ petition by the petitioner itself is an indication that the order passed by this Court in the previous proceedings has not yet been P. V. Rane 9WP4135-2024.DOC complied with by the respondents, as directed by this Court in paragraph no.46 as aforementioned. 5. However, the respondents have filed an affidavit stating that the petitioner has been reinstated in service and all legally payable dues to him have been paid. 6. Let the details of payments made to the petitioner be given in affidavit before this Court on the next date of hearing. On that day, a responsible Officer of the Shipping Corporation of India shall remain present in Court with all relevant documents. 7. Post this matter on 21st August 2025.” 4. Further clarificatory order came to be passed by the co-ordinate Bench of this Court on 6 February 2026 which is required to be noted which reads thus: “1. The matter mentioned. Not on board. Taken on board. 2. By a praecipe bearing today’s date, the learned counsel appearing for the Respondent has sought extension of time to file affidavit as had been directed by order dated 28 January 2026 passed in furtherance of the First Court’s Order dated 25 July 2025. 3. By way of last chance, the Respondent shall file their affidavit as directed within a period of two weeks from today. 4. The Petitioner is at liberty to file an affidavit in rejoinder on or before 20 March 2026. 5. Writ Petition had been earlier placed for consideration on 9 February 2026 vide order dated 28 January 2026. However,as per the request of the learned counsel appearing for the Petitioner that the Petitioner is unwell, the Writ Petition is stood over to 30 March 2026.” 5. On such backdrop, we have heard learned Counsel for the parties. We find from the orders that the petitioners grievances have been substantially addressed. We are, therefore, not inclined to take the petition any further. We dispose of the petition keeping open all contentions of the parties. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.) P. V. Rane