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Bombay High CourtWP/6350/2016disposed off

Shri. Sujit Bhaskar Mohite And ORS. v. The Municipal Corporation Of Greater Mumbai

2018-11-27Hon'Ble Shri Justice Sandeep Kashinath Shinde,Hon'Ble Shri Justice A.S. Oka2 pages

SKN 1/2 6350.16-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE WRIT PETITION NO. 6350 OF 2016 Shri Sujit Bhaskar Mohite and others.

...

Petitioners.

V/s.

The Municipal Corporation of Greater Mumbai.

...

Respondents.

Mr.Rampal Kohli with Ms.Sonia Redkar i/b. Mr.Vikram Chavan for the petitioners.

Mr.Vinod Mahadik for the respondent.

CORAM :

A.S.OKA & SANDEEP K. SHINDE, JJ.

DATE :

27th November 2018.

P.C.:

The challenge in this petition under Article 226 of the Constitution of India is to the seniority list which, even according to the petitioners, is a provisional seniority list. 2.

The challenge is premature in the sense that if the seniority list is finalized in terms of the provisional list, the petitioners can always file proceedings to challenge the same.

3.

The learned counsel appearing for the petitioners submits that the Municipal Corporation never finalizes the provisional seniority list. If that be so and if the provisional seniority list is acted upon, the petitioners will have different cause of action.

SKN 2/2 6350.16-wp.doc 4.

Subject to what is observed above, we decline to entertain this petition under Article 226 of the Constitution of India. All objections of the petitioners to the provisional seniority list are kept open. 5.

Subject to what is observed above, petition is disposed of. (SANDEEP K. SHINDE, J.) (A.S.OKA, J.)