Shri.Ramesh Vithal Patil And ... vs Kalyan Dombivali Municipal ...
2023 Latest Caselaw 1434 Bom

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        GAURI                                      1/2               209&210-LPA-205-2010.doc
GAURI   AMIT
AMIT    GAEKWAD
GAEKWAD Date:
        2023.02.14              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        18:46:35
        +0530                           CIVIL APPELLATE JURISDICTION
                                (209) LETTERS PATENT APPEAL NO.205 OF 2010
                                                     IN
                                        WRIT PETITION NO.565 OF 2010
                                                    WITH
                                      CIVIL APPLICATION NO.258 OF 2010
                                                     IN
                                   LETTERS PATENT APPEAL NO.205 OF 2010
                Ramesh Vithal Patil and Ors.                             .....Appellants
                         Vs.
                Kalyan Dombivali Municipal Corporation & Anr.    .....Respondents
                                                 AND
                           (210) LETTERS PATENT APPEAL NO.206 OF 2010
                                                  IN
                                    WRIT PETITION NO.443 OF 2010
                                                WITH
                                  CIVIL APPLICATION NO.259 OF 2010
                                                  IN
                              LETTERS PATENT APPEAL NO.206 OF 2010
                Ramesh Vithal Patil and Ors.                             .....Appellants
                         Vs.
                Kalyan Dombivali Municipal Corporation & Anr.       .....Respondents
                                                  ----
                Mr. Y.M. Pendse for appellants.
                Mr. A.S. Rao for respondent no.1.
                                                  ----
                                                   CORAM : K. R. SHRIRAM &
                                                              RAJESH S. PATIL, JJ.

DATED : 10th FEBRUARY 2023

P.C. :

LETTERS PATENT APPEAL NO.205 OF 2010 AND LETTERS PATENT APPEAL NO.206 OF 2010

1 The appeals are filed impugning an order and judgment dated

27th October 2009 read with order dated 19 th December 2009 passed by a

Gauri Gaekwad 2/2 209&210-LPA-205-2010.doc

learned Single Judge of this Court. The appeals were initially filed by

25 individuals. Since respondents regularised the employment of all

appellants except appellant nos.6, 11 and 19, the other 22 appellants

withdrew the appeal. Their names were deleted pursuant to order dated

9th April 2012.

2 Subsequently, the employment of appellant nos.6 and 11 has

also been regularised. That would leave only appellant no.19. Mr. Pendse

states that appellant no.19 had filed an affidavit dated 8 th December 2022

bringing these facts on record and also stating that the representation of

appellant no.19 filed with respondents has not been acted upon. The

affidavit has been served on respondents' advocate on or about

8th December 2022 but Mr. Rao considered it fit to forward to his client only

last week. Mr. Rao states that it was a mistake on his part. Mr. Rao requests

the matter be listed for directions on 23 rd February 2023 and in the

meanwhile, he will take instructions as to why the same benefit, that has

been extended to the remaining 25 appellants, has not been extended to

appellant no.19. Mr. Rao states that if there is no impediment, respondents

would certainly extend the benefit as per the Resolution No.193 dated

17th March 2011 and any other Resolution to appellant no.19.

3 Stand over to 23rd February 2023 for directions.

(RAJESH S. PATIL, J.)                                  (K. R. SHRIRAM, J.)


Gauri Gaekwad