S.C. Dharmadhikari, J. - (1.) By this writ petition under Art. 226 of the Constitution of India, the petitioner-Association and its office bearers are seeking the following reliefs : (a) this Honourable Court be pleased to issue a Writ of Certiorari or any such other appropriate writ, order or direction calling for the records relating to the issuance of the OM dated 21.1.2002 and the actions taken in pursuance to OM dated 21.1.2002, this Honourable Court be pleased to quash and set aside the OM dated 21.1.2002 being Ex A1 hererto; (b) this Honourable Court by a writ of Mandamus or any such other appropriate writ, order or direction, be pleased to quash and set aside letter at Ex F and all the actions taken as per OM dated 21.1.2002 or otherwise including promotions and fixation of seniority being against judgment at Ex A2 and illegal, erroneous, bad-in-law and arbitrary; (c) that this Honourable Court be pleased to issue Writ of Mandamus directing the Respondents to recalculate seniority and effect promotions as per OMs dated 30.1.1997 and 2.7.1997 being Ex J and Ex K hereto;
(2.) The petitioners have stated in the writ petition that their Association protects and safeguards the rights of non Scheduled Caste and non-Scheduled Tribe employees of the Board of Trustees of the Mumbai Port Trust (for short MPT employees ). It is stated that the first respondent is a State within the meaning of Art. 12 of the Constitution of India. The second respondent, Chairman of the said MPT as also the Port Trust complies with certain policies, rules and regulations which are brought into force by the Union of India / Central Government, particularly through its Ministry of Shipping and Transport and the Department of Personnel, Training, Ministry of Personnel, Public Grievances and Pensions, Government of India. The latter Ministry evaluates and formulates the policies particularly of reserving certain posts for Scheduled Castes / Scheduled Tribes and Other Backward Classes popularly known as the constitutional reservations.
(3.) The respondent Nos.5 and 6 represent the Scheduled Castes and Scheduled Tribes, so also Other Backward Classes employees and try and protect their welfare and interests. They came to be impleaded as party-respondents on the applications made in that behalf by these respondents.;