2Unless there is prior sanction of the State
Government in accordance with sub-section 4 of
section 51 of the Maharashtra Municipal Corporations
Act,1949, a Municipal Corporation cannot create new
posts on its establishment. On 30th March 2013, a
proposal has been submitted by the second respondent
Municipal Corporation to the Urban Development
Department of the State Government seeking sanction
for creation of the additional posts. The resolution
dated 4th July 2015 passed by the Standing Committee
of the Nasik Municipal Corporation records that the
additional 2504 employees are required by the said
Corporation for the cleaning purposes. If the
Municipal Corporation wants additional posts to be
created, the Corporation will have to make a
proposal to the State Government. It is obvious
that in view of the resolution dated 4th July 2015,
the Municipal Corporation will have to submit
appropriate proposal to the State Government. It is
ultimately for the State Government to decide the
proposal submitted by the Municipal Corporation for
creation of additional posts. It is ultimately for
the State Government to decide whether a particular
work should be carried out by the Municipal
Corporation by employing the additional staff or
through out sourcing.
