Anant Sadashiv Marathe v. Municipal Corporation Of Greater Mumbai And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9175 OF 2021 Hareshwar Atmaram Davane WRIT PETITION NO. 9177 OF 2021 Mohan Bhikoba Kadam WRIT PETITION NO. 9210 OF 2021 Subodh Sharad Malvankar WRIT PETITION NO. 9153 OF 2021 Alakh Narayan Laltaprasad Saroj WRIT PETITION NO. 9162 OF 2021 Chandrashekhar Hari Rane

2/7 WRIT PETITION NO. 9159 OF 2021 Dadasaheb Vitthal Matekar WRIT PETITION NO. 9213 OF 2021 Prabhakar Sitaram Shriram WRIT PETITION NO. 9211 OF 2021 Narendra Prabhakar Chindarkar WRIT PETITION NO. 8456 OF 2021 Ganpat Sukram Chavan WRIT PETITION NO. 9156 OF 2021 Bharat Jayram Raut WRIT PETITION NO. 9212 OF 2021 Avinash Madhukar Mayekar

3/7 WRIT PETITION NO. 9214 OF 2021 Philip Anthony Kini WRIT PETITION NO. 9172 OF 2021 Mr. Nitin Shankar Dalvi WRIT PETITION NO. 9180 OF 2021 Smt. Shraddha Sadanand Dhuri WRIT PETITION NO. 9157 OF 2021 Mr. Ravindra Jairam Jadhav WRIT PETITION NO. 9160 OF 2021 Mr. Bhupendra Govindbhai Mardia WRIT PETITION NO. 9143 OF 2021

4/7 Sanjay Sakharam Sardal ---- WRIT PETITION NO. 9148 OF 2021 Avinash Ramdas Patil WRIT PETITION NO. 9146 OF 2021 Pandharinath Jayram Bhor WRIT PETITION NO. 9138 OF 2021 Vinayak Sudam Wagh WRIT PETITION NO. 9147 OF 2021 Ashok Sahadu Nawale WRIT PETITION NO. 9145 OF 2021 Sharad Shyamsundar Sonavane

5/7 WRIT PETITION NO. 9150 OF 2021 Anant Sadashiv Marathe WRIT PETITION NO. 9155 OF 2021 Vijayprakash Kamlaprasad Chaybe WRIT PETITION NO. 9161 OF 2021 Anilkumar Lalsaheb Singh WRIT PETITION NO. 9163 OF 2021 Sandeep Suresh Rege WRIT PETITION NO. 9179 OF 2021 Premshankar Ramakshaibar Panday WRIT PETITION NO. 9173 OF 2021

6/7 Vijay Kalidas Kerkar ------ Mr. Mayuresh Nagle, Advocate for the petitioner in all petitions. Mr. Santosh Parad, Advocate for respondent no.1-M.C.G.M. Ms. Shristi Shetty i/by. M.V. Kini & Co., Advocate for respondent no.2. CORAM : S.V. GANGAPURWALA, ACTING CJ & SANDEEP V. MARNE, J.

DATE :

th MARCH, 2023.

P.C. :

1.

The grievance of the petitioners is that the retirement benefits are not completely paid and whatever are paid, are paid belatedly. As such, interest is claimed on the delayed payment of retirement benefits. 2.

Learned counsel for the petitioners submits that the respondents be directed to pay entire retirement benefits alongwith 18% interest on the delayed payment.

3.

Learned counsel for the respondents submits that all the arrears of the retirement dues have not been paid earlier to the petitioners because of the weak financial condition.

4.

We have considered submissions.

5.

In writ jurisdiction, it would not be possible to enter into the dispute with regard to the calculations. It is not disputed that delay is caused in payment of the retirement dues. There are different dates of retirement of these employees.

7/7 6.

The respondent No.2/Brihan Mumbai Electricity Supply and Transport Undertaking shall pay interest on the delayed payment of retirement dues at the rate of 6% per annum after lapse of six months from the date of retirement till the actual amount is paid. The said amount of interest shall be paid within four months from today. 7.

If the petitioners are entitled for some higher amount, the respondent shall consider the same and in case the petitioners are entitled for the same, the said amount be paid within three months. 8.

The petitioners are at liberty to represent themselves before the respondent No.2.

9.

All the petitions as such stand disposed of.

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) Digitally signed by NEETA SHAILESH SAWANT Date:

2023.04.11 10:15:01 +0530 NEETA SHAILESH SAWANT