1 wp9434-10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ttm WRIT PETITION NO.9434 OF 2010 Madhukar Rasal Pawar .. Petitioner Vs. The Thane Municipal Corporation and Ors. .. Respondent. Mr.Dattatraya Adarkar i/b Ms.Ameeta Kuttikrishnan for the petitioner Mr.A.R.Pitale for respondent nos.1 and 2 Ms.Molina Thakur, A.G.P. for the respondent no.3 CORAM : D.B.BHOSALE & K.K. TATED, JJ. DATE : 9TH NOVEMBER, 2011. P.C. 1. The learned counsel for the petitioner on instructions from the petitioner who is present in court does not press this Writ Petition and seeks liberty to the petitioner to approach the concerned authority for considering his claim for further promotions. He further seeks direction to the concerned authority to consider his representation within time frame. 2. Mr.Pitale, the learned counsel for the respondent Corporation has no objection for allowing the petitioner to make such representation. He submits that if the petitioner makes representation as aforementioned, same will be considered on merits in accordance with law. 2 wp9434-10.doc 3. In view of this submission made by the learned counsel for the parties, we dispose of this Writ Petition by the following order: a) Petition is disposed of as not pressed. b) It is open to the petitioner to make representation to the concerned authority for seeking further promotions within a period of four weeks from the date of receipt of this order. If the petitioner makes any such representation to the concerned authority, it shall consider the same on merits in accordance with law within a period of 12 weeks therefrom and shall communicate the order to the petitioner immediately thereafter. While considering the representation of the petitioner, we hope and trust that the concerned authority shall follow due process of law. c) This order shall not preclude the petitioner to file appropriate proceedings for recovery of back wages. If any such proceedings are initiated by the petitioner, the same shall be considered on merits in accordance with law. While making these observations, we shall not be understood to have expressed any opinion on the right of the petitioner to seek any back wages. (K.K. TATED, J.) (D.B. BHOSALE, J.)