Municipal Mazdoor Union vs Municipal Corporation Of Gr. ...
2021 Latest Caselaw 9734 Bom

                                                                                       27.wpl.15942.2021.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      ORDINARY ORIGINAL CIVIL JURISDICTION
                         WRIT PETITION (L) NO. 15942 OF 2021

    Municipal Mazdoor Union                                    ...                Petitioner
    V/s.
    Municipal Corporation                   of     Greater ...                 Respondents
    Mumbai and Anr.
                                             -------------------
    Mr. A.Y. Sakhare, Senior counsel I.by Mr. R.S. Mirpury for the
    Petitioner.
    Ms. Rupali Adate for the respondent no. 1-MCGM.
                                            ---------------------
                                   CORAM : SMT. SADHANA S. JADHAV &
                                           SURENDRA P. TAVADE, JJ.

DATED : JULY 26, 2021.

P.C. :

. Heard learned counsel for the petitioner and learned

Counsel for the respondents.

2. The counsel for the petitioner rely on the judgment of this

Court in the case of Municipal Mazdoor Union V/s. Municipal

Commissioner, MCGM and anr in Writ Petition No. 1163 of 1996. It is

held therein that the eligibility criteria should not be based on the pay

scale of the employees. It is contended that the petitioner is eligible for

the post of Assistant Commissioner but in the advertisement criteria is

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27.wpl.15942.2021.doc

prescribed on the basis of pay scale therefore it is contended that the

said ratio cited supra is squarely applicable to the facts of this case. It is

contended that the last date for filing application is today i.e. 26 th July

2021. So, it is prayed that the the petitioner should be allowed to file

his application physically and the matter can be heard after two weeks.

3. The counsel for the respondent submits that the criterias

are fixed by the corporation but the appointment to be carried out

through the MPSC. She also submits that the employees in pay band

M-23 are eligible. The petitioners are having pay band M-22. If they

are allowed to submit physical applications form then other employees

in the pay band of M.22 would claim their right to file applications.

4. In view of the submission and the ratio laid down in the

case cited (supra), the prayer clause (e) of the petition is allowed as

interim relief. This interim order will be applicable to petitioner only.

5. The respondent no.2 is directed to accept the form of

petitioner physically today. This order be communicated to the

respondent no. 2 by the counsel of Petitioner and counsel appearing

for MCGM.

 (SURENDRA P. TAVADE, J)                     (SMT. SADHANA S. JADHAV, J)


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