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2022 Supreme(Bom) 1001

DIPANKAR DATTA, M. S. KARNIK
R. S. Madireddy S/o Mr. Kotyswara Rao Madireddy – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sanjay Singhvi, Senior Advocate a/w Ms. Rohini Thyagarajan, Pankaj Sutar and Ms. Shanvi Punamiya i/b. M/s. Jayakar and Partners
For the Respondent: Mr. Dashrath A. Dube, Mr. Darius Khambhata, Mr. Kevic Setalvad, a/w Mr. Aditya Mehta, Sneha Prabhu, Mr. S.D. Shetty, Mr. Rakesh Singh, Mr. Ravi Kini, Shristi Shetty and Jehan Lalkaka i/by. M.V. Kini & Co., Mr. Muralidhar Khadilkar a/w. Mr. Aakash Joshi

JUDGMENT :

Introduction:

1. We have heard these 4 (four) writ petitions together on the point of their maintainability as on date the same were finally considered by us and propose to decide the same by this common judgment and order.

2. As we shall presently notice, writs were prayed for against Air India Ltd. (hereafter “AIL”, for short), being the employer of all these petitioners. When these writ petitions were instituted, the same were maintainable. No objection was taken then. However, now the maintainability of these writ petitions has been questioned. The objection to the maintainability of these writ petitions stems from the fact of privatization of AIL during the pendency of the same.

3. The fundamental question that emerges from such objection is this: whether it is an invariable rule that a writ petition has to be decided on the basis of the facts as they were on the date of its institution or whether intervening/subsequent event(s), having a fundamental impact on exercise of jurisdiction for granting relief by this Court, may render the writ petition non-maintainable?

4. Before proceeding to decide the question, it would be essential to note in brief the respective claims o

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