1 12511 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 125 OF 2011 IN WRIT PETITON NO. 7138 OF 2004 Mohan Motiramani & Anr. ...Petitioners V/s. Union of India & Ors. ...Respondents And Shekhar Shankarrao Dandekar ...Applicant Mr. V.M. Parkar for the Applicant Mrs. Neeta Masurkar for Respondents No. 1 to 3 CORAM: A.M. KHANWILKAR AND MRS.MRIDULA BHATKAR, JJ. DATE: 18TH APRIL, 2011 P.C.:- Heard the counsel for the applicant as well as counsel for respondents No. 1 to 3. 2. We are in agreement with the submission of respondents No. 1 to 3 that the applicant is neither a necessary nor a proper party in the present writ petition, which takes exception to the decision passed by the Central Administrative Tribunal dated 7th August, 2003 in Original Application No. 737 of 1997. The question involved in the pending writ 2 12511 petition is limited to action of recovery of excess payment towards salary made to the writ petitioners. In so far as that relief, the applicant is a neither necessary or a proper party. Hence, this application is rejected. WITH CIVIL APPLICATION NO. 2819 OF 2010 IN WRIT PETITON NO. 7138 OF 2004 Mohan Motiramani & Anr. ...Petitioners V/s. Union of India & Ors. ...Respondents Mr. V.M. Parkar for the Applicant Mrs. Neeta Masurkar for Respondents No. 1 to 3 P.C.:- Having rejected Civil Application No. 125 of 2011, this application does not survive for consideration, as the applicant is not party in the pending writ petition before us. It will be open to the applicant to pursue the grievance made in the application as well as the relief claimed by him by way of appropriate proceedings as may be advised. All questions in that behalf are left open. This application is disposed of. MRS. MRIDULA BHATKAR, J. A.M. KHANWILKAR, J.