8.WP1759_2026.DOC 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 16 September, 2026 2026:BHC-OS:20355-DB 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 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: O R D E R (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 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.) 16 September, 2026 Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 17/09/2026 11:32:52