Jamir Amir Patel vs Brihanmumbai Municipal ...
2021 Latest Caselaw 3403 Bom

                                                                    4.wp.1874.19.doc

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                         WRIT PETITION NO. 1874 OF 2019


   Jamir Amir Patel                              ...     Petitioner
             Versus
   Brihanmumbai Municipal Corporation            ...     Respondent
                                        .........


   Mr. C.K. Bhangoji i/b Mr. R.K. Mendadkar for the Petitioner.
   Mr. Om Suryavanshi for M.C.G.M.
                                     .........


                                    CORAM        : K.K. TATED &
                                                   R.I. CHAGLA, JJ.

                                    DATE         : 23rd FEBRUARY, 2021.

   P.C. :-




   1              Rule


   2              Rule is made returnable forthwith by consent of both the

   parties.


   3              By this Petition under Article 226 of the Constitution of India,

the Petitioner is seeking direction to Respondent to decide his

representation with further direction to grant him benefits of the seniority/

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4.wp.1874.19.doc

continuity of service, scale of pay as per initial date of appointment order

dated 27.05.2009.

4 The learned Counsel for the Petitioner submits that the

Petitioner made representation dated 10.11.2014 to the Respondent for his

grievance. Same is pending for hearing and final disposal with the

Respondent. He submits that the Respondent be directed to decide the

same as early as possible on its own merits.

5 The learned Counsel Mr. Om Suryavanshi appearing on behalf

of the Respondent submits that the concerned Authority will decide the

Petitioner's representation on its own merits.

6 Considering the submission made by the learned Counsel for

the Petitioner and the issue involved in the present Petition that the

Petitioner's representation dated 10.11.2014 is pending with the

Respondent, the following order is passed :

i) The Respondent is directed to decide the Petitioner's

representation dated 10.11.2014 (Exhibit H page 35) in

respect of reinstatement in terms of the judgment and order

passed by the Hon'ble Bombay High Court in Writ Petition

No.4278 of 2011 r/w order in Writ Petition No.8290 of 2012

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4.wp.1874.19.doc

on its own merits as early as possible but in any case on or

before 30.04.2021 and inform the decision to the Petitioner in

writing.

ii) Writ Petition stands disposed of accordingly.

Iii) No order as to costs.

Digitally signed by Waishali S.

Waishali Waghmare S. Date:

Waghmare   2021.02.28
           23:42:41
           +0530


                              ( R.I. CHAGLA, J. )                          ( K.K. TATED, J. )




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