Jamir Amir Patel v. Brihanmumbai Municipal Corporation Through Its Executive Engineer Transport (City)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1874 OF 2019 Jamir Amir Patel ... Petitioner

Versus

Brihanmumbai Municipal Corporation ...

Respondent .........

Mr. C.K. Bhangoji i/b Mr. R.K. Mendadkar for the Petitioner. Mr. Om Suryavanshi for M.C.G.M.

.........

CORAM

: K.K. TATED & R.I. CHAGLA, JJ.

DATE : 23rd FEBRUARY, 2021.

P.C. :- Rule Rule is made returnable forthwith by consent of both the parties.

By this Petition under Article 226 of the Constitution of India, the Petitioner is seeking direction to Respondent to decide his representation with further direction to grant him benefits of the seniority/ 1 / 3

continuity of service, scale of pay as per initial date of appointment order dated 27.05.2009.

The learned Counsel for the Petitioner submits that the Petitioner made representation dated 10.11.2014 to the Respondent for his grievance. Same is pending for hearing and final disposal with the Respondent. He submits that the Respondent be directed to decide the same as early as possible on its own merits.

The learned Counsel Mr. Om Suryavanshi appearing on behalf of the Respondent submits that the concerned Authority will decide the Petitioner'

s representation on its own merits.

Considering the submission made by the learned Counsel for the Petitioner and the issue involved in the present Petition that the Petitioner'

s representation dated 10.11.2014 is pending with the Respondent, the following order is passed :

i) The Respondent is directed to decide the Petitioner's representation dated 10.11.2014 (Exhibit H page 35) in respect of reinstatement in terms of the judgment and order passed by the Hon'ble Bombay High Court in Writ Petition No.4278 of 2011 r/w order in Writ Petition No.8290 of 2012 2 / 3

on its own merits as early as possible but in any case on or before 30.04.2021 and inform the decision to the Petitioner in writing.

ii) Writ Petition stands disposed of accordingly. Iii) No order as to costs.

by Waishali S.

Date:

2021.02.28 23:42:41 +0530 Waishali S.

( R.I. CHAGLA, J. ) ( K.K. TATED, J. ) 3 / 3