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Bombay High Court

EDWARD SWALIN DCUNHAversusSHIPPING CORPORATION OF INDIA

Decided
Disposal
DISPOSED OFF

Holding

The petition is disposed of without further order as the petitioner’s grievances have been substantially addressed, though all contentions remain open.

Summary

The petitioner, Edward Swalin D’cunha, filed a writ petition under Article 226 seeking compliance by the Shipping Corporation of India (SCI) with a 2010 judgment (Writ Petition No.716 of 2008) and with his representation dated 11 September 2023. Earlier orders directed SCI to reinstate the petitioner, pay all dues, and provide a suitable on‑shore post within six weeks. Although SCI later filed an affidavit stating that the petitioner had been reinstated and dues paid, the court required further documentation and a responsible officer to appear. Subsequent orders gave SCI a final opportunity to file an affidavit and allowed the petitioner to file a rejoinder, but the petitioner’s health caused a adjournment. After hearing counsel, the court observed that the petitioner’s grievances were substantially addressed and therefore declined to proceed further, disposing of the petition while leaving all contentions open and awarding no costs.

Issues considered

  • Whether the Shipping Corporation of India has complied with the directions of the 2010 judgment in Writ Petition No.716 of 2008.
  • Whether the petitioner’s representation dated 11 September 2023 requires further adjudication.
  • Whether the petition should be dismissed or continued in view of the alleged compliance and pending documentation.

Subjects

  • Article 226
  • writ of mandamus
  • reinstatement
  • service law
  • compliance with judgment
  • Shipping Corporation of India
  • civil procedure

Judgment

                                                                                        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.
                                                       _______
           Digitally
           signed by
PRASHANT
VILAS
           PRASHANT
           VILAS RANE
           Date:
                                                    CORAM:        G. S. KULKARNI &
RANE       2026.06.23
           13:30:39
           +0530
                                                                  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


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                         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 25 th 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



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                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.)




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P. V. Rane


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