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Bombay High CourtWP/2062/2016disposed off

Shri. Vasantrao Vithalrao Patil v. The State Of Maharashtra Through Its Secretary, Urban Development Dept. And ORS.

2016-07-19Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice Anoop V. Mohta2 pages

906-wp-2062-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2062 OF 2016 Shri. Vasantrao Vitthalrao Patil ..Petitioner V/s.

The State of Maharashtra & Ors.

..Respondents ---- Mr.Purshottam Chavan a/w. Mr.R.S. Jadhav for the Petitioner. Mr.R.C. Barge for the Applicant in CAW 961 of 2016. Mr.V.N.Sagare AGP for Respondent-State.

Mr.Bharat Gadhavi i/by Mr.Tejas Dande & Associates for Respondent Nos.4 to 6.

---- CORAM : ANOOP V. MOHTA AND G.S. KULKARNI, JJ DATE : 19th JULY 2016 ORDER :

1.

The petitioner has grievance about the seniority list dated 02-02-2016 published by respondent Corporation. After hearing the parties, the issue revolved around the said seniority list was concluded by a reasoned order dated 01st March 2016 passed in Writ Petition No.3996 of 2015. However, when we passed the order dated 04th March 2016 in this Writ Petition the earlier order of 01st March 2016 was not pointed out and therefore we have observed that no further steps based upon the impugned Seniority List dated 02-02-2016 be taken till the representation is decided. In the same order we have directed to State Government to decide the petitioner's representation before the returnable date. This Writ Petition was accordingly kept after four weeks. The representation N.S. Kamble page 1 of 2

906-wp-2062-2016 is not yet decided therefore to avoid further delay we are inclined to direct the State Government to decide the petitioner's representation within four weeks. Copies of the Petitioner's representation dated 22-04-2016 and 17-06-2016 are taken on record and hand over to the other side to the Learned AGP, so that the State Government takes a early decision.

2.

In view of this, the Writ petition is disposed off. However, it is made clear that the order dated 01st March 2016 as passed in Writ Petition No.3996 of 2015, be implemented with all the directions.

3.

If any promotional exercise is undertaken by the Municipal Corporation, in the meantime consequent to our order dated 01st March 2016 the same shall be without prejudice to the rights and contentions of the petitioner.

4.

The Civil Application No.961 of 2016 is also disposed of.

5.

All contentions of all parties are kept open. (G.S. KULKARNI, J.) (ANOOP V. MOHTA, J.) N.S. Kamble page 2 of 2