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Bombay High CourtWP/12087/2019disposed off

Anant Genu Shirke v. Municipal Corporation Of Greater Mumbai And ORS

2021-02-11Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice R. I. Chagla2 pages

21 wp12087-19.odt Trusha T.

Mohite

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Trusha T. Mohite Date: 2021.02.18 11:52:29 +0530 WRIT PETITION NO.12087 OF 2019 Anand Genu Shirke .. Petitioner vs.

Municipal Corporation of Greater Mumbai and Ors.

.. Respondents .....

Ms.Anjali Neel Helekar a/w Ms.Anu C. Kaladharan for the Petitioner Mr.Santosh Parad i/b Ms.Aruna Savla for the MCGM .....

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

DATED : FEBRUARY 11, 2021 P.C.

.

Heard.

2.

By this petition, under Article 226 of the Constitution of India, Petitioner is seeking direction against the Respondents to release his retirement benefts immediately. 3.

During the course of argument, the learned Counsel for the Petitioner submits that Petitioner prepared additional affdavit dated 05.02.2021 stating that this court be pleased to direct Respondent no.2 to decide his application dated 21.09.2017, an application which is given Mohite 1/2

21 wp12087-19.odt to exercise power under Rule 15 (b)(1) of Brihanmumbai Municipal Corporation Pension Rules, 1953. The said additional affdavit dated 05.02.2021 is taken on record. 4.

The learned Counsel for the Petitioner submits that if this direction is given to the Respondent Corporation then she received instruction to withdraw the Writ Petition. To that effect, she has given in writing.

5.

Considering the submissions made by the learned Counsel for the Petitioner and additional affdavit 05.02.2021, following order is passed:

a.

Respondent no.2 is directed to decide Petitioner's application dated 21.09.2017 and application if any, fled by him within two weeks from today for applying Rule 15 (b)

(1) of Brihanmumbai Municipal Corporation Pension Rules, 1953 to decide on its own merits as early as possible but in any case, on or before 30.04.2021.

b.

All contention of both the parties are kept open. c.

Writ Petition stands disposed of as withdrawn. d.

No order as to costs.

(R.I.CHAGLA, J.) (K.K.TATED, J.) Mohite 2/2