Facts
The appellant instituted W.P. Nos. 17175, 17179 and 17184 of 2020 seeking a writ of mandamus directing the Indian Maritime University (“IMU”) to forward his updated Service Book, leave records and Last Pay Certificate to the Chief Labour Commissioner (Central).
Source reference: p.3The writ court disposed of the petitions on 7 November 2023 by directing IMU to issue a reply.
Source reference: p.3In compliance, IMU issued a letter dated 28 December 2023 furnishing the service particulars available with it; IMU had also communicated the appellant’s status earlier by letter dated 4 October 2017.
Source reference: p.4IMU submitted that the appellant had been a temporary employee, had resigned and been relieved after settlement of his dues, and was thereafter employed with the Ministry of Labour and Employment.
Source reference: p.4The appellant challenged the writ court’s order through the present writ appeals.
Source reference: p.3Issues
Whether the appellant was entitled to any further direction against IMU for forwarding or furnishing his Service Book, leave records and Last Pay Certificate after the available service particulars had already been communicated.
Source reference: pp.3–5Whether the writ appeals required further consideration when the appellant was already employed in the Ministry of Labour and Employment and IMU had complied with the writ court’s direction by issuing a reply.
Source reference: pp.4–5Law Applied
The appeals were considered under Clause 15 of the Letters Patent, which permits an intra-court appeal against an eligible judgment of a Single Judge.
Source reference: pp.3–5The governing principle applied was that a writ of mandamus will not ordinarily issue for a direction that has already been substantially complied with or where no effective further relief remains to be granted.
Source reference: pp.3–5The Court also proceeded on the principle that judicial relief must address a live and enforceable grievance; where the relevant records or service particulars have already been furnished, the court need not issue redundant directions.
Source reference: pp.3–5Reasoning
The Court noted that the writ court had directed IMU to issue a reply, and that IMU had complied by its letter dated 28 December 2023, communicating the service particulars available with it.
Source reference: p.4The appellant’s former status as a temporary employee, his resignation and relief from service, and settlement of his dues further explained the limited records available with IMU.
Source reference: p.4Since the appellant was presently serving in the Ministry of Labour and Employment and the available service details had already been furnished, the Court found no subsisting basis for issuing any additional mandamus or for interfering with the writ court’s order.
Source reference: p.5Holding
The Division Bench held that no further consideration was necessary because IMU had already furnished the available service particulars and the appellant was employed with the second respondent department.
W.A. Nos. 2691, 2696 and 2697 of 2026 were accordingly dismissed, without costs.
Source reference: p.5The connected miscellaneous petitions were closed.
Source reference: p.5Original Court PDF
Ramanand YadavvsIndian Maritime UNIVERSITY
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