The court allowed the writ petition seeking notional promotion after the petitioner retired, directing him to submit a representation for the Corporation to decide within six months based on merits.
Petitioner directed to submit representation for notional promotion; Corporation to decide within six months on its merits.
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26-WP.289.2020
jvs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SALUNKE J V
Digitally signed by SALUNKE J V Date: 2023.03.10 11:39:20 +0530
WRIT PETITION NO. 289 OF 2020
Ashok H. Tambe } Petitioner Versus The Bombay Municipal } Corporation & Ors. } Respondents
Mr. Avinash H. Fatangare for the petitioner.
Mr. Shridhar Anandrao Patil with Ms. R. M. Hajure for respondents 1, 2 and 3.
Mr. Tambe, A. O. (Licence), MCGM present.
CORAM: S. V. GANGAPURWALA, Act.CJ.& SANDEEP V. MARNE, J.
DATE: MARCH 9, 2023
P.C.:
1. The issue pertains to promotion. The petitioner seeks notional promotion with effect from 18th November 2012. The petitioner is promoted subsequent to the filing of the writ petition in February 2019. The petitioner has already retired on attaining the age of superannuation.
2. The petitioner shall make a comprehensive representation to the respondent Corporation with regard to his grievance of notional promotion with effect from 18th November 2012.
3. The Municipal Corporation shall take a decision upon the representation of the petitioner within six months from the date of receipt of the same on its own merits and in accordance with law.
4. The writ petition is disposed of. No costs.
(SANDEEP V. MARNE, J.)
(ACTING CHIEF JUSTICE)
1
1 issue framed by the court
Whether the petitioner is entitled to notional promotion with effect from 18th November 2012 after his subsequent retirement.
Ashok H. Tambe
The Bombay Municipal Corporation & Ors.
S. V. Gangapurwala
Sandeep V. Marne
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
