IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.305 OF 2009 Jasveer Kaur alias Jasveer Kaur Ahluwalia .. Petitioner Vs. Municipal Corporation of Greater Bombay and others .. Respondents Mr. G. Walia for the petitioner. Ms. Geeta Jogalekar for the BMC. CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATED : 17TH FEBRUARY, 2009 P.C. We have heard the learned counsel appearing for the parties. By consent, the writ petition is taken up for final hearing. 2. It is not in dispute that neither the opportunity was granted to the petitioner before the order dated 9.11.2008 was passed nor any show-cause notice was issued. The impugned order was passed on the basis that the petitioner has not acquired the requisite educational qualification as per the Government decision dated 28.6.1977. On this ground, the pension is denied to the petitioner. We wonder, as to how such an order stands to the scrutiny of law. 3. Be that as it may, we are not commenting on the merit or otherwise of the order at this stage but the order is liable to be set aside simply on the ground of non-compliance of the principle of audi alterem partem. We may also notice that even thereafter on 16th December, 2008, the legal notice was served by the petitioner upon the respondent which has not been considered by the respondent. 4. In these circumstances, we set aside the order dated 9.11.2008. The Corporation shall hear the petitioner and take into consideration the details mentioned in Legal Notice dated 16th December, 2008 which itself shows that the petitioner had even acquired the requisite qualification, and pass order within four weeks from today. 5. Writ petition stands disposed with the aforesaid directions. No order as to costs. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.