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Bombay High Court

ANKITA HEMNATH RAUTversusSTATE OF MAHARASHTRA AT THE INSTANCE OF BRIHANMUMBAI MUNICIPAL CORPORATION

Decided
Disposal
DISPOSED OFF

Holding

The Court ordered the Municipal Corporation to inform the petitioners of the amounts due, assist them in completing the required form, and disburse the terminal dues with interest within four weeks, while keeping the parties’ contentions open.

Summary

The petitioners, daughters of the late Shrutika Hemnath Raut, a former Registration Assistant of the Brihanmumbai Municipal Corporation (BMC), filed a writ under Article 226 seeking the release of her pending pension, gratuity, provident‑fund and other terminal dues accrued from her voluntary retirement on 23 December 2019 until her death on 4 September 2023. The petitioners alleged that the BMC had not responded to their emails and that they were unaware of the exact amounts due or the technical details required to complete the claim form. The BMC contended that the petitioners must first fill a prescribed form, after which the dues would be released within ten days. The Court examined whether a mandamus could be issued to compel immediate payment and whether the procedural requirement of filing the form could be waived. It held that the BMC must first inform the petitioners of the exact amounts due and assist them in furnishing the necessary particulars for the form, and thereafter disburse the dues, including interest, within four weeks. The order kept all parties’ contentions open and disposed of the petition without costs.

Issues considered

  • Whether the Municipal Corporation is duty‑bound to release the deceased employee’s terminal dues without the petitioners first completing a claim form.
  • Whether a writ of mandamus can be issued to compel immediate payment of pension, gratuity and other retirement benefits.
  • Whether interest at the statutory rate is payable on delayed terminal dues.

Subjects

  • pension dues
  • terminal dues
  • voluntary retirement
  • municipal corporation
  • writ of mandamus
  • Article 226
  • interest on delayed payment
  • procedural compliance

Judgment

                                                                                             8.WP1759_2026.DOC
2026:BHC-OS:20355-DB

       Vidya Amin
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                ORDINARY ORIGINAL CIVIL JURISDICTION

                                      WRIT PETITION NO. 1759 OF 2026

               Ankita Hemnath Raut & Ors.                             … Petitioners
                      Vs.
               The State of Maharashtra, at the instance of
               Brihanmumbai Municipal Corporation & Anr.              … Respondents
                                                  __________
               Ms. Samiksha Manek a/w. Ms. Alisha Ningoo i/b. Samiksha Manek for the
               petitioners.
               Ms. Gauri Sawant, AGP for the State.
               Ms. Pooja Yadav for BMC.
               Mr. Deviasher Komatwar, Head Clerk and Ms. Poonam Sonawane, Clerk present.
                                                  __________

                                              CORAM:          G. S. KULKARNI &
                                                              DR. NEELA GOKHALE, JJ.
                                              DATE:           16 SEPTEMBER, 2026.

               P.C.

               1.      This petition under Article 226 of the Constitution is filed praying for the

               following reliefs:

                      “A.     That, this Hon’ble court be pleased to issue a writ of mandamus or a
                      writ, order or direction in the nature of mandamus or any other appropriate writ,
                      order or direction directing the respondents to forthwith release and disburse to
                      the petitioners the said dues, i.e., all pension dues from December 2019 until 4
                      September, 2023, gratuity, provident fund and all other retirement dues of Late
                      Mrs. Shrutika Hemnath Raut, i.e., the said deceased.
                      B.      That, this Honble Court be pleased to direct the respondents to pay the
                      petitioners the said dues along with interest at the rate of 18% per annum on the
                      said dues from the date the same became payable until the date of actual
                      payment as compensation.
                      C.      That, this Hon’ble Court be pleased to direct the respondents to process
                      and release the said dues within a period of four weeks from the date of this
                      Hon’ble Court’s order, failing which the respondents shall be liable to pay
                      additional penal interest at such rate as this Hon’ble Court may deem fit.”


               2.     The facts lie in a narrow compass. The petitioners are the daughters and

               only surviving legal heirs of Late Shrutika Hemnath Raut, who was an employee

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                                                 16 September, 2026
                                                                     8.WP1759_2026.DOC



of the Municipal Corporation of Greater Mumbai.             She was appointed as

Registration Assistant by the Municipal Corporation on 1 October, 1988. On 23

December, 2019, the deceased employee had sought voluntary retirement. The

petitioners state that during the period 2020-21, which was the period of the

Covid-19 pandemic, the deceased could not undertake follow up in respect of her

terminal dues. Although she has addressed some emails in that regard, however,

the same were not replied. On 4 September, 2023, she expired without being

paid her terminal dues to which she was entitled upon her voluntary retirement

on 23 December, 2019, is what is contended by the petitioners. Petitioner nos. 1

to 3 are the daughters of the deceased employee and, accordingly, being her legal

heirs, they are claiming entitlement to receive the terminal dues payable to their

deceased mother.


3.     Learned counsel for the Municipal Corporation has placed on record a

form would be required to be filled by the petitioners so as to avail of the dues.

She submits that, on such form being filled by the petitioners, within a period of

10 days, the petitioners would be granted the entire amount due and payable to

the deceased employee.


4.     The grievance of the petitioners, however, is that they are not aware of the

amounts which were payable to the deceased mother of the petitioners. They are

also not aware of some of the technical details which are required to be filled up in

the said form, like the pay scale etc. being drawn by the deceased. It is also the

petitioners contention that the total amount which would be due and payable has


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                               16 September, 2026
                                                                     8.WP1759_2026.DOC



also not informed to the petitioners.

5.     Learned counsel for the Municipal Corporation has taken a fair stand that

all necessary information shall be furnished and that the form, once filled up, shall

be processed and the amounts payable to the deceased employee, i.e., the terminal

dues, would be disbursed in the accordance with law to the petitioners, upon

receipt of all necessary documents/declaration, indemnity etc.


6.     In this view of the matter, we are inclined to dispose of this petition in

terms of the following order:


                                         ORDER

       (i)    Let the Competent Officer of the Municipal Corporation

       inform the petitioners, within a period of ten days from today, the

       amounts which were to the credit of the deceased employee Smt.

       Shrutika Hemnath Raut and which had become due and payable

       to her at the time of her Voluntary Retirement.

       (ii)   The petitioners shall also be informed about the details,

       such as, pay scale etc. which are necessary particulars to be

       furnished in the form, in the event the petitioners are not aware of

       the same. In other words, the Competent Officer shall also assist

       the petitioners in furnishing the appropriate details so that the

       form is appropriately filled up. Let such exercise be undertaken

       within a period of two weeks from today. Once the form is duly

       filled and submitted, the Competent Officer shall follow the lawful

                                    Page 3 of 4
                                16 September, 2026
                                                                                                8.WP1759_2026.DOC



                                  procedure and disburse the amounts due and payable to the

                                  deceased employee as the law would mandate including payment

                                  of interest on the said amounts as per rules.

                                  (iii)   All contentions of the parties in that regard are expressly

                                  kept open.

                                  (iv)    Let all the appropriate steps be taken, in any event, within a

                                  period of four weeks from today and the payment be accordingly

                                  effected.

                        7.       The petition stands disposed of in the aforesaid terms. No costs.




                        (DR. NEELA GOKHALE, J.)                                     (G. S. KULKARNI, J.)




Signed by: Vidya S. Amin                                       Page 4 of 4
Designation: PS To Honourable Judge                        16 September, 2026
Date: 17/09/2026 11:32:52


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