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Bombay High CourtWP/222/2024rule absolute

Jaiprakash S/O Narayan Zirmire v. Municipal Commissioner, Nagpur Municipal Corporation, Nagpur

2024-11-18Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 51.wp.222.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 222/2024 Dr. Jaiprakash S/o. Narayan Zirmire Vs.

Municipal Commissioner, Nagpur Municipal Corporation, Nagpur. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. V. M. Lute, Advocate for Petitioner.

Mr. R. R. Chhabra, Advocate for Respondent.

CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : 18/11/2024.

.

We direct the Commissioner, Nagpur Municipal Corporation to file an affidavit dealing with the following issues :

a] It is claimed by the petitioner that recovery from the pension was effected against the petitioner without the approval of Commissioner, who is the competent Authority. According to him, other similarly placed employees are still drawing the benefits, which the petitioner was drawing before effecting the recovery, and b] The decision in Writ Petition No.6331/2022 [Rishipalsingh s/o. Mukhrajsingh Choudhary Vs. Municipal Commissioner, Nagpur] decided on 05/09/2023 squarely covers the issue sought to be canvassed in the present petition as the said employee/petitioner was similarly placed like that of the petitioner.

2.

As such, the Commissioner shall deal with the issue as to why the benefit be not extended to the petitioner as are directed in the aforesaid writ petition.

2 51.wp.222.24 3.

Let the response be placed within one week.

4.

Stand over after one week.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 19/11/2024 16:11:25