1. Mr. C.K. Divakaran, learned Counsel for the petitioner for Mr. A.K. Clerk, learned Counsel for the petitioner, after some arguments states that the petitioner shall file representation to the respondent for continuing him as the 'Driver' by withdrawing the order of his posting as a 'Sweeper', since, the petitioner has continued to work as 'Driver' for last about 15 years, five years prior to the filing of the petition and 10 years after filing of the petition, under the interim order.
2. Mr. K.M. Sheth, learned Counsel for the respondent, states that if the representation is filed by the petitioner, then, the same shall be decided in accordance with law within three months, from the date of receipt of such a representation. He, further, states that until the decision is taken and is communicated to the petitioner, the present status of the petitioner as a 'Driver' shall be continued.
3. In view of the aforesaid, it is observed that the petitioner may make representation within a period of THREE WEEKS from, today. If, the representation is made, the respondent-Municipality shall consider and decided the said representation within a period of THREE MONTHS and the petitioner shall also be continued on the post of 'Driver', as declared before this Court and recorded above.
4. This petition is DISPOSED OF, accordingly. Subject to aforesaid directions, rule is discharged.
Umesh/ (JAYANT PATEL, J.)