Bhauraj Sitaram Mhaske v. Municipal Council, Osmanabad

WP No.10830/2015 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10330/2015 Bhauraj S/o Sitaram Mhaske.

...Petitioner..

Versus

Municipal Council, Osmanabad.

...Respondent...

.....

Dr.C.S.Tembhurnikar, Advocate h/f Shri Sachin Deshmukh, Advocate for petitioner.

Shri R.V.Naiknaware Advocate for Respondent-Sole. .....

CORAM: S.V. GANGAPURWALA & K.L. WADANE, JJ.

DATE: 26.09.2016 ORDER :

1] Heard learned counsel for the parties.

2] The grievance of the petitioner is with regard to the unpaid salary from 28.5.2015 so also with regard to the other service benefits such as annual increments, promotion etc.

3] According to the respondent, the petitioner has not submitted his fitness certificate as yet. The petitioner was on medical leave for quite a long time.

WP No.10830/2015 - 2 - 4] The petitioner may submit the fitness certificate of his doctor.

If the respondent requires fitness certificate from the Medical board, the respondent will refer the petitioner to the Medical Board for the necessary purpose. This shall be done expeditiously and preferably within a period of four weeks from today. 5] With regard to the grievance of the petitioner about non-payment of salary, increments, promotion etc., the petitioner may file a comprehensive representation / application with the respondent. On receipt of the same, the respondent shall take decision upon it on merits in accordance with law and according to its policy, preferably within a period of four months from the date of receipt of such application / representation. 6] With aforesaid directions, the writ petition is disposed of. No costs.

(K.L. WADANE, J.) (S.V. GANGAPURWALA, J.) ndk/c2691626.doc