Mrs. Kamal Madhav Gavai v. The Municipal Commissioner, Thane Municipal Corporation And ORS.

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915. WP 5066-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5066 OF 2018 Mrs. Kamal Madhav Gavai ...

Petitioner

Versus

The Municipal Commissioner, Thane Municipal Corporation And Others ...

Respondents .....

Mr. S.G. Kudle for the Petitioner.

Mr. S.B. Kalel, AGP for Respondent No.3.

Mr. N.V. Bandiwadekar I/b Neha N. Bandiwadekar for Respondent No.4. .....

CORAM : B.R. GAVAI & M.S. KARNIK, JJ DATE : 14 SEPTEMBER 2018 P.C. :

1] This petition challenges promotion of Respondent No.4, which was granted on 31 July 2003.

2] The petition is filed on 2 April 2018, i.e. almost after one and half decades from the date the impugned order challenged in this petition is passed.

3] The only ground made in paragraph 12 of the petition is that the Petitioner was not having the knowledge of actual position as regards the seniority. Taking into consideration that both the Petitioner as well as Respondent No.4 are working in the same school, the said ground cannot

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915. WP 5066-18.doc be said to be plausible.

4] No reasonable cause has been given for inordinate delay of 15 years. We find that the petition is not liable to be entertained on the ground of delay and latches.

5] The petition is dismissed. No order as to costs. [M.S. KARNIK, J.] [B.R. GAVAI, J.] by Rajesh Vasant Chittewan Date:

2018.09.19 12:31:16 +0530 Rajesh Vasant Chittewan