The Commissioner, Municipal Corporation Of Greater Mumbai And ORS v. Smt. Jyoti Jayesh Tayade And ORS

26-wp-12676-2015 & 4209-2017 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12676 OF 2015 The Commissioner Municipal Corporation of Gr. Mumbai & Ors.

.. Petitioners Vs.

Smt. Jyoti Jahesh Tayade & Ors.

.. Respondents WITH WRIT PETITION NO. 4209 OF 2017 Smt. Jyoti Jayesh Tayade .. Petitioner Vs.

The Commissioner, Municipal Corporation of Greater Mumbai & Ors.

.. Respondents Mr. Santosh Parad for petitioners in WP/12676/2015 and for respondent no.1 in WP/4209/2017.

Mr.

M.

M.

Pable, AGP for respondent no.6/State in WP/12676/2015 and for respondent no.8 in WP/4209/2017. C0RAM: DIPANKAR DATTA, CJ & M. G. SEWLIKAR, J.

DATE: APRIL 12, 2022 PC:

1.

These two writ petitions are directed against the order dated 4th September 2015 passed by the Competent Judicial Officer-Cum-Commissioner, Tribunal of Handicapped Welfare

26-wp-12676-2015 & 4209-2017 (Handicapped Welfare Commissionerate). By the impugned order, the Commissioner has partially allowed the complaint of Smt. Jyoti Jayesh Tayade.

2.

It is not in dispute that while the Municipal Corporation of Greater Mumbai has questioned the order dated 4th September 2015 directing reinstatement of Smt. Tayade by instituting Writ Petition No. 12676 of 2015, Smt. Tayade by instituting Writ Petition No. 4209 of 2017 has challenged the self-same order insofar as it deprived her of back wages from 2013. 3.

None appears for Smt. Tayade at the time when the writ petitions are called out for consideration.

4.

Mr. Parad, learned advocate appearing for the Municipal Corporation, submits that Smt. Tayade has been reinstated on 17th March 2018.

5.

In such view of the matter, we are of the opinion that nothing survives for decision in Writ Petition No. 12676 of 2015 and the same stands disposed of. No costs.

6.

The Municipal Corporation shall, however, be at liberty to oppose Writ Petition No. 4209 of 2017 of Smt. Tayade on all points that are available to it in law.

7.

Since Smt. Tayade is neither present today nor is she represented by any advocate, we direct removal of Writ Petition No. 4209 of 2017 from the board.

(M. G. SEWLIKAR, J.) (CHIEF JUSTICE) Digitally signed by PRAVIN DASHARATH PANDIT Date:

2022.04.13 11:12:09 +0530 PRAVIN DASHARATH PANDIT