Digitally signed ARUNA by ARUNA SANDEEP SANDEEP TALWALKAR TALWALKAR D a te : 2 0 2 5 . 0 3 . 2 9 WPL36169.2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 36169 OF 2024 Narayan Pundalik Pathade Aged 65 years, residing at

101, Shree Samarth Arcade, Off. M.P. Road, Mulund (East), Mumbai – 400 081. … Petitioner Versus

1. Municipal Corporation of Greater Mumbai, through its Commissioner, having its office At Head Officer, Municipal Corporation of Greater Mumbai Bldg., CST, Mumbai – 400 001.

2. Municipal Secretary, Municipal Corporation of Greater Mumbai, having its office at Mahapalika Marg, Mumbai – 400 001. … Respondents.

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Mr. C.K. Bhangoji a/w. Ms. Lata Bhangoji, for the Petitioner.

Mr. Shivprasad D. Borade, for the Respondent-Municipal Corporation.

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CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

RESERVED ON :28^th FEBRUARY, 2025. PRONOUNCED ON : 11th MARCH, 2025.

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

02.12.2017.

(f) On 17.11.2018, the Petitioner approached the National Commission for Scheduled Castes, New Delhi making grievance against the Departmental Inquiry initiated by the Respondent No. 1.

(g) On 24.09.2019, the National Commission for Scheduled Castes, New Delhi, made the following recommendation:- “The Commission recommends that the inquiry set up against Shri Narayan Pathade may be set aside and consider his case favourably. The pending dues of the Petitioner may also be paid immediately”.

(h) Respondent No. 1 questioned the jurisdiction of the National Commission for Scheduled Castes, New Delhi, to issue directions in service dispute, before this Court in Writ Petition (L) No. 3111 of 2019.

(i) By order dated 03.10.2019, Respondent No. 1 exonerated the Petitioner. Operative part of the said order reads as follows:- “As per order of the Hon’ble Municipal Commissioner as above, as not a single charge out of 4 charges levelled against the Municipal Secretary Shri Narayan Pundalk Pathade is not being proved he is being exonerated.”

(j) This Court in its order dated 04.11.2019 passed in Writ Petition (L) No. 3111 of 2019 has recorded the following statement made on behalf of the Respondent No. 1:- “Learned counsel for the petitioners stated that the inquiry against respondent No. 2 has been dropped upon his exoneration and retirement dues which were withheld on account of pending inquiry will be released shortly.”

(k) Following amounts were released to the Petitioner:-

Particulars Amount Paid on i. Gratuity Rs.10,00,000/- 22.11.2019 ii. Commutation of Pension. Rs.7,78,954/- 22.11.2019 iii. Earned Leave Rs.10,20,244/- 18.12.2019 iv. Half Pay Leave Rs. 8,95,736/- 18.12.2019 v. L.T.A. Rs. 10,500/- 18.12.2019 vi. Ex Gratia Rs. 14,500/- 18.12.2019 (l) By representation dated 22.05.2020 and 07.09.2020, the Petitioner called upon the Respond