S K MUTREJA Vs. UOI

JUDGEMENT

(1.) This letters patent appeal is directed against the impugned judgment dated 19.5.2005 passed by a learned Single Judge of this Court, dismissing the appellant's Writ Petition (Civil) No.5895 of 2005. The said writ petition sought the quashing of an order dated 1.4.2005 passed by the Government of India, Ministry of Defence, Department of Defence Production, Respondent No.1 herein, whereby Cmde. R.B. Prabhavalkar, Respondent No.5 herein was appointed as Director (Operations) of the Goa Shipyard Limited (GSL) for a period of 5 years. The appellant who was at the time of filing the writ petition a Chief General Manager, claimed that he should have been appointed to the said post as he was at the top of the merit list prepared by the Public Enterprises Selection Board (PESB).

(2.) This is the second round of litigation. Earlier, when an order dated 22.9.2004 was passed by Respondent No.1 appointing Respondent No.5 as Director (Operations) GSL, the appellant filed Writ Petition (Civil) No.15851 of 2004 in this Court, challenging the said order of appointment. That writ petition came to be disposed of by an order dated 19.1.2005 passed a learned Single Judge setting aside the appointment order dated 22.9.2004 with directions for reprocessing of the case.

(3.) The brief facts leading to the filing of this appeal are that the appellant who retired as a Commander after serving the Indian Navy for 20 years joined GSL as a Manager (Ship Building) and at the time of filing the writ petition was working as Chief General Manager (Operations). It may be noted here that during the pendency of these proceedings the appellant has on 18.6.2005 resigned from his post.