Swapnil Chandrashekhar Patil And Others v. Nagpur Municipal Corpoation, Thr. Municipal Commissioner, Nagpur And ORS.
1 3-WP-2520-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2520 OF 2026 Swapnil Chandrashekhar Patil And Others Vs. Nagpur Municipal Corpoation, Thr. Municipal Commissioner, Nagpur And Ors. Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. M.Anilkumar, Advocate for the Petitioners. Mr. J.B. Kasat, Advocate for Respondent No.1. Mr. R.V. Bhanarkar, Advocate for Respondent Nos.2 and 3/Caveators. CORAM: PRAFULLA S. KHUBALKAR, J .
DATED : 08 th MAY, 1.
Heard learned counsel for petitioners as well as learned counsels for respondents.
2.
Petitioners have challenged the interim order dated 07.03.2026 passed by the Industrial Court, Nagpur in ULP No.10/2026, by which the interim application is partly allowed and certain directions are issued to the Commissioner, Nagpur Municipal Corporation, Nagpur to proceed with and complete the promotion process, subject to the conditions mentioned in the said order. 3.
The petitioners herein are not parties to the said complaint case, however, the petitioners concern is that in case the directions issued by the impugned order are complied with by the Nagpur Municipal Corporation, Nagpur, their claim for seniority may be hampered. 4.
It has to be noted that the petitioners have not applied for impleadment in the said complaint case and have directly challenged the order by way of the instant petition.
2 3-WP-2520-2026.odt 5.
After considering the rival contentions, it appears that the grievance can be set at rest by clarifying that while complying with the process and completing the steps of promotion process as mentioned in para No.3 of the operative portion of the impugned order, the directions in para No.3(ii) should be complied with first and thereafter, the other steps mentioned in para Nos.3(i) and 3(iii) onwards shall be carried out. The direction as mentioned in para No.3(ii) is reproduced as follows:- "In respect of the candidates who do not possess the requisite typing qualification, the Commissioner, Nagpur Municipal Corporation shall take an independent decision afresh regarding their eligibility for promotion."
6.
It is therefore, clarified that the Commissioner, Nagpur Municipal Corporation, Nagpur shall take an independent decision as mentioned herein and thereafter, the further process about promotion shall be carried out. 7.
Needless to state, the petitioners herein are entitled to raise an appropriate challenge to the decision of the Commissioner, Nagpur Municipal Corporation, Nagpur, in case the same goes against them.
8.
In view of the controversy raised, the Commissioner, Nagpur Municipal Corporation, Nagpur/respondent No.1 is directed to grant an opportunity to the petitioners while taking decision in accordance with the point No.3(ii) as mentioned above. 9.
In view of the entire controversy, it is desirable that the complaint case bearing ULP No.10/2026, be decided expeditiously by the Industrial Court, Nagpur,
3 3-WP-2520-2026.odt preferably within two months from the date, the decision by the Commissioner, Nagpur Municipal Corporation, Nagpur, is placed on record.
10.
Needless to mention, the Commissioner, Nagpur Municipal Corporation, Nagpur, is required to take its decision independently, without being influenced by the observations recorded by the Industrial Court, Nagpur, in the impugned order.
(PRAFULLA S. KHUBALKAR, J . ) Privel