NARAYAN PUNDALIK PATHADE vs MUNICIPAL CORPORATION OF GREATER MUMBAI THROUGH ITS COMMISSIONER

Judgment text excerpt

Digitally signed by ARUNA ARUNA SANDEEP SANDEEP TALWALKAR TALWALKAR Date: 2025.03.11 WPL36169.2024.odt 18:47:41 +0530 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. **** Mr. C.K. Bhangoji a/w. Ms. Lata Bhangoji, for the Petitioner. Mr. Shivprasad D. Barade, AGP for Respondents. **** CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ. RESERVED ON : 28th FEBRUARY, 2025. PRONOUNCED ON : 11th MARCH, 2025. JUDGMENT (BY ASHWIN D. BHOBE, J) : 1. Rule. Rule made returnable forthwith. Heard finally by the Talwalkar 1 WPL36169.2024.odt 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 Secr