Judgment :-

Vikramajit Sen, J. –

1. Leave granted in both these petitions.

2. Although interim orders have not been granted in the appeal arising out of SLP(C) No.15868 of 2010, in the accompanying matter it had been ordered on 01.07.2011 that any promotion that may be made would be subject to the result of the petition.

3. The writ petitioners before the High Court of Bombay were working in the Mumbai Municipal Corporation of Greater Mumbai as Assistant Municipal Commissioners and had prayed that their promotion to the vacant posts of Deputy Municipal Commissioner may be effected in accordance with the Rules framed under the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as the “M.M.C. Act”). The relevant provisions are Sections 55 and 80B of the M.M.C. Act. Section 55 authorizes the Corporation to appoint Deputy Municipal Commissioner subject to confirmation by the State Government whereas sub-Section (4) of Section 80B of the M.M.C. Act requires the Corporation to frame Rules stipulating the eligibility and qualification criteria for the post of Deputy Municipal Commissioner in the Mumbai Municipal Corporation; sub-Section (5) thereafter requires the Rules so framed