Shri. Kunal Uttamrao Mate v. The Pune Municipal Corporation And ORS

k 1/2 36 wp 4032.23 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4032 OF 2023 Kunal Uttamrao Mate ....Petitioner V/S The Pune Municipal Corporation & Ors.

....Respondents ...

Mr. Sachin Hande for the Petitioner.

Ms. Manisha S. Jagtap for Respondent Nos.1 and 2. Mr. B.V. Samant, AGP for Respondent No.3-State. ...

CORAM: NITIN JAMDAR & SANDEEP V. MARNE, JJ.

DATE : 01 AUGSUT 2023.

P.C.:

Heard the learned Counsel for the parties.

The Petitioner has sought a direction to Municipal Corporation to make promotion to the post of Junior Engineer (Civil) (Class-3) as per the Service Rules, 2014 and as per the Seniority List published. In essence what the Petitioner prays is that the Respondent-Corporation should proceed as per law. The learned Counsel for the RespondentCorporation states that the Petition is premature as the process of finalizing promotions is still going on. The learned Counsel states that katkam 1/2

k 2/2 36 wp 4032.23 as.doc the process would be concluded shortly and if the promotion is denied to the Petitioner, then cause of action would arise to the Petitioner. This being the position, it is not necessary for us to interfere at this stage. Accepting the statement made on behalf of the learned Counsel for the Respondent-Corporation, we dispose of the Writ Petition. In case, the decision of the Municipal Corporation is adverse to the Petitioner, it is open to the Petitioner to adopt such remedies in law as may be available. SANDEEP V. MARNE, J.

NITIN JAMDAR, J.

Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2023.08.03 12:52:40 +0530 SUDARSHAN RAJALINGAM KATKAM katkam 2/2