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2013 Supreme(Bom) 1098

V.M.KANADE, R.P.SONDURBALDOTA
Narendra Barde – Appellant
Versus
Municipal Corporation of Brihan Mumbai – Respondent


Advocates Appeared:
For the Petitioner:J.P. Cama, Senior Counsel with Susheel Mahadeshwar i/b Ranjana Todankar, Advocate.
For the Respondents:R1, A.Y. Sakhare, Senior Counsel with Xavier, R2 & R3, Ms. Sonali Humane i/b Ms. Kalyani Shinde, Advocates.

Judgment:

(V.M. Kanade, J.)

1. Heard.

2. Rule. Rule is made returnable forthwith. Respondents waive service. By consent of parties, matter is taken up for final hearing.

3. By this Petition which is filed under Article 226 of the Constitution of India, Petitioner is seeking the following reliefs:-

(a) This Hon'ble court may be pleased to quash and set aside Resolution No.920 dated 25.10.2012 (Exhibit 'E' to the Petition) and Order No. MPS/3800(83) dated 02.11.2012 (Exhibit 'G') and Order No. MPS/3800 (84) dated 02.11.2012 (Exhibit 'H') whereby the Respondent Nos. 2 and 3 were promoted to the post of Deputy Municipal Commissioner;

(b) This Hon'ble Court may be pleased to issue a Writ of Mandamus or a Writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondent No.1 to promote the Petitioner to the post of Deputy Municipal Commissioner with effect from 02.11.2012;

(c) Pending the hearing and final disposal of this Petition, this Hon'ble Court may be pleased to stay the operation and effect of Resolution No.920 dated 25.10.2012 (Exhibit 'E' to the Petition) and stay the operation and effect of Order No. MPS/3800(83) dated 02.11.2012 (Exhibi












































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