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2025 Supreme(Online)(Bom) 603

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE RAVINDRA V. GHUGEHON'BLE JUSTICE ASHWIN DAMODAR BHOBE
NARAYAN PUNDALIK PATHADE – Appellant
Versus
MUNICIPAL CORPORATION OF GREATER MUMBAI THROUGH ITS COMMISSIONER – Respondent


JUDGMENT (BY ASHWIN D. BHOBE, J) :

1. Rule. Rule made returnable forthwith. Heard finally by the consent of the parties.

2. By this petition filed under Article 226 of the Constitution of India, Petitioner, a retired employee of Respondent No. 1 Corporation seeks a direction to the Respondent No. 1 to pay interest to the Petitioner, on the delayed payment of his retiral benefits.

3. FACTUAL MATRIX :

(a) Petitioner joined the Respondent No. 1 Corporation on 09.06.1986, as a clerk. Petitioner was promoted to the post of Municipal Secretary in the year 2012.

(b) On 18.05.2017, just prior to the Petitioner attaining the age of superannuation, the Respondent No. 1 initiated Departmental Inquiry against the Petitioner. Charge-sheet alleged irregularity in the recruitment process for the post of clerk’s in the office of Municipal Secretary, held in the year 2013.

Petitioner contested the allegations, as also initiation of the inquiry, and the timing of the inquiry on the grounds of malice.

(c) On 31.05.2017, Petitioner retired from service upon attaining the age of superannuation.

(d) Provident fund was paid to the Petitioner on 26.10.2017.

(e) Provisional pension was paid to the Petitioner on 02.

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