Mr. Dhruvanth Vindhvasini Pandey v. Municipal Corporation Of Greater Mumbai And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2023.04.03 10:14:50 +0530 WRIT PETITION NO.1048 OF 2023 BALAJI GOVINDRAO PANCHAL Mr. Nitin Hemchandra Virkar WRIT PETITION NO.1047 OF 2023 Vijay Anna Sagare WRIT PETITION NO.1046 OF 2023 Dinkar Krishna Thasale WRIT PETITION NO.1045 OF 2023 Manohar Narsinha Samant WRIT PETITION NO.1044 OF 2023 Anil Vinayak Kamble WRIT PETITION NO.1043 OF 2023 Sunita Nitin Dalvi

WRIT PETITION NO.1013 OF 2023 Milind Nilkanth Deorukhkar WRIT PETITION NO.1051 OF 2023 Nazir Mainuddin Khan WRIT PETITION NO.1028 OF 2023 Rajan Shankar Walvekar WRIT PETITION NO.1033 OF 2023 Sharad Vinayak Kulkarni WRIT PETITION NO.1041 OF 2023 Arvind Vimalnath Kale WRIT PETITION NO.1050 OF 2023 Mohan Jaising Dhage

WRIT PETITION NO.1040 OF 2023 Hemangi Wilfred Saldhanha WRIT PETITION NO.1032 OF 2023 Sandeep Vinayak Kulkarni WRIT PETITION NO.1168 OF 2023 Nirmala Narayan Sawant WRIT PETITION NO.1031 OF 2023 Chhagan Ramu Dadas WRIT PETITION NO.1030 OF 2023 Anil Raghu Chaudhary WRIT PETITION NO.1036 OF 2023 Vijay Baban Badhe

WRIT PETITION NO.1037 OF 2023 Kishor Ambadas Karode WRIT PETITION NO.1034 OF 2023 Pravin Sitaram Vyavahare WRIT PETITION NO.1019 OF 2023 Mr. Subhash Tukaram Tayade WRIT PETITION NO.1020 OF 2023 Mr. Chandrabhan Amritlal Kalwar WRIT PETITION NO.1021 OF 2023 Mr. Ankush Ramchandra Karande WRIT PETITION NO.13808 OF 2022

Mr. Kishor Dattatray Bhalerao WRIT PETITION NO.1022 OF 2023 Mr. Nagesh Vithal Sawant WRIT PETITION NO.1023 OF 2023 Mr. Popat Hindurao Patil WRIT PETITION NO.1027 OF 2023 Gurudatt Mahdukar Chendwankar WRIT PETITION NO.1017 OF 2023 Mr. Dhruvanth Vindhvasini WRIT PETITION NO.1015 OF 2023 Mr. Altaf Ahmed Abdul Qadir Khatib

WRIT PETITION NO.1016 OF 2023 Mohammed Javed Abdul Wahab Ansari WRIT PETITION NO.1018 OF 2023 Iftekhar Husain Shabbir Husain WRIT PETITION NO.9149 OF 2021 (Not on board) Sharad Ramchandra Singh WRIT PETITION NO.9164 OF 2021 (Not on board) Shrihari Vasant Nibre WRIT PETITION NO.1036 OF 2023 (Not on board) Vijay Baban Badhe WRIT PETITION STAMP NO.15865 OF 2022 (Not on board)

Mr. Rajesh Gokuldas Gandhi WRIT PETITION STAMP NO.11384 OF 2022 (Not on board) Digambar Prabhakar Chindarkar WRIT PETITION STAMP NO.13743 OF 2022 (Not on board) Mr. Arvind Shankar Bhor Mr. Mayuresh Nagle, for the Petitioners.

Mr. Santosh Parad, for the Respondent No.1/MCGM. Ms. Shrishti Shetty i/by M. V. Kini, for the Respondent No.2. CORAM : S. V. GANGAPURWALA, ACTING CJ & SANDEEP V. MARNE, J.

DATE : 30th 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 along with 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 has caused in payment of the retirement dues. There are different dates of retirement of these employees.

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]