Karnataka High Court
Gurudas S Fayde vs The Union Of India on 14 March, 2025
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2025:KHC-D:4763
WP No. 100274 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 14TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO. 100274 OF 2024 (S-RES)
BETWEEN:
GURUDAS S.FAYDE S/O SUBRAY FAYDE,
AGE: 46 YEARS, OCC: FIREMAN,
R/O: DEVALAMAKKI, KARWAR,
UTTARA KANNADA DISTRICT,
KARNATAKA-581 400.
... PETITIONER
(BY SRI. PRASAD HEGDE., ADVOCATE FOR
SRI. VISHWANATH PRAKASH ALLANNAVAR., ADVOCATE)
AND:
1. THE UNION OF INDIA,
REP. BY ITS STATION COMMANDER,
INS KADAMBA NAVAL BASE,
P.O. AGRA, KARWAR, UTTARA KANNADA,
KARNATAKA-581 324.
2. ADMINISTRATIVE OFFICER,
Digitally signed by
PREMCHANDRA M R GRADE-II CIVILIAN ESTABLISHMENT,
Location: HIGH
COURT OF
OFFICE FOR STATION COMMANDER,
KARNATAKA INS KADAMBA NAVAL BASE,
P.O. ARGA, KARWAR,
UTTARA KANNADA,
KARNATAKA-581 324.
3. THE FLAG OFFICER COMMANDING HEADQUARTERS,
KARNATKA NAVAL AREA, NAVAL BASE,
KARWAR, KARNATAKA-581 308.
4. THE FLAG OFFICER COMMANDING -IN-CHIEF,
HEADQUARTERS, WESTERN NAVAL COMMAND,
SHAHID BHAGAT SINGH ROAD,
MUMBAI-400 001.
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NC: 2025:KHC-D:4763
WP No. 100274 of 2024
5. CHIEF ADMINISTRATIVE OFFICER,
HEADQUARTERS, WESTERN NAVAL COMMAND,
SHAHID BHAGAT SINGH ROAD,
MUMBAI-400 001.
6. SENIOR STAFF OFFICER,
HEADQUARTERS, WESTERN NAVAL COMMAND,
SHAHID BHAGAT SINGH ROAD,
MUMBAI-400 001.
7. NAVAL OFFICER-IN-CHARGE,
INS KADAMBA NAVAL BASE,
P.O. ARGA, KARWAR,
UTTARA KANNADA,
KARNATAKA-581 324.
8. THE COMMANDING OFFICER
INS KADAMBA NAVAL BASE,
P.O. ARGA, KARWAR,
UTTARA KANNADA,
KARNATAKA-581 324.
... RESPONDENTS
(BY SRI. MRUTYUNJAYA.S.HALLIKERI., ASGI FOR R1;
SRI. M.B.KANAVI., DSGI FOR R2-8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:
ORAL ORDER
Sri.Prasad Hegde., counsel on behalf of Sri.Vishwanath Prakash Allannavar., for the petitioner has appeared through video conferencing.
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NC: 2025:KHC-D:4763 WP No. 100274 of 2024 Sri.Mrutyunjaya S.Hallikeri., ASGI for respondent No.1 and Sri.M.B.Kanavi., DSGI for respondents 2 to 8 have appeared in person.
3. The captioned Writ Petition is filed seeking to grant back wages to the petitioner from the period of 17.10.2005 to 30.07.2015 along with consequent pay fixation in accordance with the pay received by similarly placed employees on the principle of equal pay for equal work.
4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care.
5. The petitioner is claiming back wages from the period of 17.10.2005 to 30.07.2015 along with consequent pay fixation in accordance with the pay received by similarly placed employees on the principle of equal pay for equal work. A careful perusal of the Memorandum of Writ Petition would reflect that there is no clarity in the grounds raised by the petitioner. Except quoting the decisions, specific grounds are not urged. Furthermore, if one reads the prayer, there is no clarity in the prayer and by whom the back wages are to be -4- NC: 2025:KHC-D:4763 WP No. 100274 of 2024 paid. Moreover, the petitioner is seeking back wages from 2005 to 2015. However, the present Writ Petition is filed in the year 2023. There is an inordinate delay of almost eighteen years.
6. Lastly, counsel for the petitioner submits that the petitioner was prosecuting his grievance before different Forums. However, there is nothing on record to show that the petitioner was prosecuting his grievance before any other Forums. There is an inordinate delay in approaching the Court. Furthermore, the petitioner contends that he was an employee under the Union of India. If at all, the petitioner has any grievance, he must approach the Central Administrative Tribunal under Section 19 of the Central Administrative Tribunal Act, 1985, if so advised. The Writ Petition is devoid of merits and the same is liable to be dismissed.
7. Resultantly, the Writ Petition is dismissed.
Sd/-
(JYOTI MULIMANI) JUDGE RH List No.: 2 Sl No.: 48