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2026 DAILYLAW 16215 (BOM)

MILIND SUBHASH RAJIWADE AND ORS v. THE COMMISSIONER, PUNE MUNICIPAL CORP.

WP/5425/2026 · 2026-10-07

body2026

Judgment text

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7-IA-3428-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5425 OF 2026 WITH INTERIM APPLICATION NO. 3428 OF 2026 Milind Subhash Rajiwade & Ors. ...Petitioners/Applicants Versus The Commissioner, Pune Municipal Corp. ...Respondent _______ Mr. Sumit V. Sonare a/w Harshavardhan K. Jadhav for Applicants/Petitioners. Mr. Vishwanath Patil a/w Harshwardhan Karande for Respondent-PMC. _______ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 7th OCTOBER 2026 P.C. 1. This petition under Article 226 of the Constitution of India is filed praying for the following substantive relief: “ b) That this Hon'ble Court be pleased to issue a Writ of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India and that the Respondent be directed to absorb the services of the petitioners into that of the respondent Corporation,as that of the seven employees already absorbed, from the date of the merger ie 6th October 2017” 2. Admittedly, the Petitioners were in the service of the Gram Panchayat prior to the Gram Panchayat area being brought within the Municipal jurisdiction of the Pune Municipal Corporation. 3. In such context, the Petitioners contend that they are required to be absorbed by the Municipal Corporation in respect of the work which they were earlier performing with the Gram Panchayat. Page 1 of 2 Ajit Pathrikar AJIT RAMESH PATHRIKAR Digitally signed by AJIT RAMESH PATHRIKAR Date: 2026.10.08 10:34:27 +0530 7-IA-3428-2026.DOC 4. We find that the Petitioners have directly approached this Court without making any representation to the Municipal Corporation. The Petitioners submit that some persons who are similarly situated are, in fact, being absorbed, though they were appointed later than the Petitioners by the Gram Panchayat. 5. In the aforesaid circumstances, we are of the clear opinion that it would be appropriate that the Petitioners makes a detailed representation to the Municipal Corporation setting out their legal right for such absorption, including the actions which were taken by the Municipal Corporation to absorb some of the Gram Panchayat employees 6. In the event the work is available and the Petitioners can be regularized, it is for the Municipal Corporation to consider the same in accordance with law. Let the Petitioners make a representation within a period of two weeks from today. If the same is made, let the Petitioners be granted an opportunity of hearing by the designated officer and an appropriate reasoned order be passed within three weeks from the submission of such representation in respect of the claim as being set up by the Petitioners. 7. All contentions of the parties in that regard are expressly kept open. 8. The Writ Petition stands disposed of in the aforesaid terms. No costs. 9. In view of the disposal of the Writ Petition, the pending Interim Application does not survive and the same is also disposed of. (DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.) Ajit Pathrikar