Chhotulal Suwaji Adiwal v. Mira Bhayandar Municipal Corporation And ORS

Rameshwar Dilwale 28-IA-14743-24 IN WP-10522-24.doc 1/2 RAMESHWAR LAXMAN DILWALE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.14743 OF 2024 IN WRIT PETITION NO.10522 OF 2024 Chhotulal Suwaji Adiwal .. Applicant

Versus

Mira Bhayandar Municipal Corporation & Ors.

..Respondents ...

Ms. Fauzia Bukhari with Adv. Sufyan Bukhari, Advocates for the applicant.

Mr. Mayuresh Lagu i/by Mr. Sagar Patil, Advocate for the respondent nos.1 to 3.

...

CORAM : A. S. CHANDURKAR & M. M. SATHAYE, J.J.

DATE : 5th MAY, 2025.

P.C. :- by RAMESHWAR LAXMAN DILWALE Date: 2025.05.05 19:14:32 +0530 1.

Heard the learned counsel for the parties and perused the application. By the order dated 15/06/2023, the joint Commissioner, Mira Bhayandar Municipal Corporation informed the petitioner that as he does not possess the Caste Validity Certificate he was not eligible for being promoted in the post of Fire Extinguishing Officer.

2.

In the first line of the order dated 01/08/2024 passed in the writ petition, the said order has been described as an order of demotion. Since the order dated 15/06/2023 is the basis for denying promotion to the petitioner on the higher post, the

Rameshwar Dilwale 28-IA-14743-24 IN WP-10522-24.doc 2/2 words "of demotion" in the Order dated 01/08/2024 shall be replaced by the words "denying the promotion on the higher post".

3.

Though the learned counsel for the petitioner sought to raise contentions based on the merits of the petitioner's claim, since the writ petition is pending, the same can be urged while seeking relief in the writ petition.

4.

With aforesaid clarification, the Interim Application stands disposed of.

(M. M. SATHAYE, J.) (A. S. CHANDURKAR, J.)