Kunal Uttamrao Mate And ORS v. The Pune Municipal Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 19130 OF 2024 Kunal Uttamrao Mate & Ors.

...Petitioners

Versus

The Pune Municipal Corporation & Ors.

...Respondents

Adv. A.M. Kulkarni a/w Mr. Sachin Hande, Ms. Poonam Pal i/by Mr.Sachin Hande, Advocate for the Petitioners. Mr. Rhishikesh Pethe, Advocate for Respondent Nos.1 & 2/PMC. Mr. O.A. Chandurkar, Addl. G.P. a/w Ms. P.N. Diwan, AGP for Respondent No.3 & 4/State.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

by SUNNY ANKUSHRAO THOTE Date:

2025.02.25 11:47:43 +0530 SUNNY ANKUSHRAO THOTE DATE : 24th FEBRUARY, 2025 P.C. :- 1.

We have perused the earlier order passed by this Court dated 1st August, 2023 in Writ Petition No.4032 of 2023. 2.

The contention of the learned Advocate for the Petitioners is that the Corporation has neither decided to consider them, nor is the Corporation declaring that they are beyond the zone of consideration. These Petitioners are in a lurch. They are unable to

comprehend as to whether they are likely to be considered or would be ignored, in so far as filling up of the available promotional posts to the extent of 25% of the available posts, or as the percentage could be.

3.

In view of the above, we suggested as to whether the Corporation could consider each of these cases in the light of the earlier order dated 1st August, 2023 ? And if they are beyond the zone of consideration, each of them can be informed in writing as regards the reasons for ignoring their claims. The issue as to whether their qualifications have been acquired from approved/recognized Universities, could also be considered. Needless to state, all grounds for non-consideration shall be communicated to the Petitioners.

4.

The Petitioners are satisfied. The learned Advocate for the Corporation submits that this exercise would be undertaken and each of the Petitioners would be communicated if they are not to be considered.

5.

In view of the above, this Writ Petition is disposed off.

Needless to state, while dealing with the promotional posts upto the percentage as is sanctioned, the Petitioners would be considered and if they are out of the zone of consideration for any reason, a specific communication setting forth the reasons, would be served upon these Petitioners in order to apprise them of the reasons for their exclusion. This exercise be completed within a period of 120 days. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)