Premchand Mulchandji Shukla v. Principal Secretary, Urban Development Cum Director, Miuncipal Administration And Others

wp5049-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No.5049 OF 2015 Premchand Mulchandji Shukla.

-Vrs.- Principal Secretary, Urban Development Cum Director, Municipal Administration, Mumbai & 2 others.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr.R.V. Shiralkar, counsel for petitioner.

Mr. A.V. Palshikar, AGP for respondent nos.1 & 2. CORAM : B.P. DHARMADHIKARI AND P.N. DESHMUKH , JJ.

DATED : 17 th March, 2016 Petitioner seeks two advance increments which are sanctioned to him by his employer respondent no. 3 Municipal Council. Nobody appears for respondent no.3. Learned AGP appearing for respondent nos. 1 & 2 submits that proposal forwarded by office of respondent no. 2 to respondent no. 1 is being traced out. He states that in this situation if a fresh proposal is sent, respondent no. 1 shall consider it in stipulated time.

Advocate Shiralkar points out that petitioner is due to retire on 31.7.2016.

We, therefore, direct respondent no. 2 to submit a fresh proposal for grant of two advance increments to petitioner as per law and forward it to respondent no. 1 within three weeks from today. Respondent no. 1 shall attempt to

wp5049-15.odt consider it within next six weeks.

We, however, add that for this, the pension case of petitioner shall not be stalled and the benefit resulting from grant of two advance increments can be made over to him even after his superannuation.

With these clarifications, we partly allow the petition and dispose it of. No costs.

JUDGE JUDGE Hirekhan