PRADIP BAPURAO JAMBHALE-PATIL Vs. SMITA GANGARAM ZAGADE

JUDGEMENT

(1.) Rule. Mr. Anturkar, learned senior counsel waives service for the Respondent No.1. Learned AGP waives service for Respondent No.2. Mr. Naidu, learned counsel waives service for Respondent No.3. Rule is made returnable forthwith. By consent of parties, the petition is taken up for final disposal.

(2.) Interim Application is filed by the Applicant inter alia praying for impleadment as party-Respondent No.4 in the writ petition. Learned counsel for the parties have agreed that at this stage, they will address this Court only on the issue as to whether the learned Single Member of the Maharashtra Administrative Tribunal (for short "the Tribunal ") has jurisdiction to decide the Original Application No.990 of 2022 or the Original Application could be heard only by the Division Bench of the Maharashtra Administrative Tribunal. This Court recorded the statement made by the learned counsel appearing for the parties in the order dtd. 11/4/2023 that they would address this Court only on the limited issue as aforesaid and not on merit. Some of the relevant facts for the purpose of deciding this petition are as under :-

(3.) It is the case of the Respondent No.1 that the Petitioner does not belong to the Municipal Administrative Service and his parent department is Sales Tax Department. He was appointed as Deputy Commissioner, Vasai-Virar Municipal Corporation on deputation on 11/8/2020. By an order dtd. 22/9/2022, he was appointed as Additional Commissioner, Pimpari-Chinchwad Municipal Corporation (PCMC) on deputation for two years. By an order dtd. 22/9/2022, the Petitioner was brought in the cadre of Deputy Commissioner Sales Tax Department Class-1 (Selection grade).