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Bombay High Court

Ramesh Vithal Ranadive And Others vs Ulhasnagar Municipal Corporation on 2 November, 2018

Author: Nitin W. Sambre

Bench: R. M. Savant, Nitin W. Sambre

                                                                      1                                                          905.10225.17 WP.doc

ISM
                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                        CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 10225 OF 2017

      Chhaya Sahebrao Sarole and others                                                                      .....Petitioners

                 V/s.

      Ulhasnagar Municipal Corporation and others                                                            .....Respondents

                                                  WITH
                                      WRIT PETITION NO. 8157 OF 2018

      Kalyan Gopal Ghoderao and others                                                                       ....Petitioners

                 V/s.

      Ulhasnagar Municipal Corporation                                                                       .....Respondent

                                               WITH
                                WRIT PETITION (ST) NO. 15316 OF 2018

      Ramesh Vithal Municipal Corporation                                                                    ...Petitioner

                 V/s.

      Ulhasnagar Municipal Corporation and another                                                           .....Respondents


                                                 WITH
                                  CIVIL APPLICATION NO. 2361 OF 2018
                                                  IN
                                   WRIT PETITION NO. 10225 OF 2017




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                                                                 2                                                          905.10225.17 WP.doc



Shri. Harilal Shrichand                                                                    ....Applicant/Intervener

IN THE MATTER BETWEEN

Chhaya Sahebrao Sarole and others                                                                      .....Petitioners

           V/s.

Ulhasnagar Municipal Corporation and others                                                            .....Respondents


Ms. Kumud Bhatia for the Petitioner in WP 10225 of 2017
Mr. Akash Menon for the Petitioner in WP 8157 of 2018
Mr. K. U. Ppatil for the Petitioner in WP (ST) no. 15316 of 2018
Mrs. Miskin Sonia for respondent nos. 1 to 3 in WP 10225 of 2017,
8157 of 2018
Mrs. M. P. Thakur AGP for the Respondent State
Mr. A. R. Pitale for the Applicant in CAW 2361 of 2018.

                                             CORAM : R. M. SAVANT &
                                                     NITIN W. SAMBRE, JJ.
                                             DATE  :                2nd NOVEMBER, 2018.
P.C.

Pursuant to our directions issued yesterday i.e. on 01/11/2018, the Commissioner of Ulhasnagar Municipal Corporation Mr. Achyut Hange has filed an affidavit. It is stated in the said affidavit that there are 1550 sanctioned posts of 'Safai Kamgar' in the Ulhasnagar Municipal Corporation. It is further stated that out of 1550 posts, 1190 are already filled in by the ::: Uploaded on - 02/11/2018 ::: Downloaded on - 03/11/2018 02:14:42 ::: 3 905.10225.17 WP.doc Respondent as per rules and that there are 360 vacant posts of Safai Kamgars. It is further stated that vide letter dated 27/06/2010 and 05/12/2016 addressed to the Secretary -2, Urban Development Department, Government of Maharashtra, sanction is sought from the State. However, as yet no directions have been received from the State Government.

2 We would on the next date like to have the data as to when the 1190 posts were filled up by the Ulhasnagar Municipal Corporation. Whether the same was prior to the consent terms filed on 27/06/2016 (wrongly mentioned as 27/06/2010 in the affidavit). Affidavit contains errors as above. We would therefore like a proper affidavit to be filed by the Commissioner stating the aforesaid facts. We would also like the learned AGP to obtain instructions from the State Government by the next date as to what the State Government proposes to do in the matter. The learned counsel for the Petitioners seek to draw out attention to the fact that various sanctions have already given by the State Government. We would consider the said aspect on the next date. We therefore defer the hearing of the above ::: Uploaded on - 02/11/2018 ::: Downloaded on - 03/11/2018 02:14:42 ::: 4 905.10225.17 WP.doc Writ Petition until 28/11/2018 to be placed on the supplementary board and to be taken up at 3.00 p.m. 3 We would like a responsible officer from Municipal Corporation, Ulhasnagar, not below the rank of Deputy Municipal Corporation and from the State Government, not below the rank of Deputy Secretary to personally remain present in the Court on the said date to assist us.





4          Stand over to 28/11/2018 to be taken up at 3.00 p.m.




     [NITIN W. SAMBRE, J.]                                                        [R. M. SAVANT, J.]




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