1 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1842 OF 2009 Lily Santis and Anr. : Petitioners versus Municipal Corporation of Greater Mumbai & ors. : Respondents. WITH WRIT PETITION NO.2027 OF 2009 Sabina Lopes & ors. : Petitioners versus Municipal Corporation of Greater Mumbai & ors. : Respondents Mr. G S Walia for the Petitioners Mr. K K Sanghvi, Sr. Advocate with Mr. V S Gharpure for the Respondent-BMC CORAM : J N PATEL & C L PANGARKAR, J DATED : 2nd March 2010 P.C. 1. Mr.K K Sanghvi, the learned senior advocate appearing for the Municipal Corporation has placed on record a Note dated 5 th January 2010 thereby communicating the order passed by the Municipal Commissioner in the matter of grant of pension to Teachers appointed prior to April 1995 in aided private primary 2 schools. The Note is taken on record and marked “X” for identification. 2. It is submitted that the case of the Petitioners would be considered accordingly for which necessary orders have been passed by the Municipal Commissioner. We find that this metes the reliefs sought for by the Petitioners. In their petitions, the Petitioners have prayed for writ of mandamus to direct the Respondents to grant pension to the Petitioners with effect from the retirement of the Petitioners along with arrears and compound interest @ of 18% p.a. and continue to pay the regular pension to the Petitioners. 3. In view of the fact that the Respondents-Corporation have decided to pay pension to teachers who were appointed prior to April 1995, which covers the case of the Petitioners, these petitions can be disposed of as infructuous. It is made clear on behalf of the Respondents that they will not be in a position to award interest on the amount of arrears as that will have financial implications and burden the municipal fund. Considering that the Respondents Corporation has treated these categories of teachers for grant of pension as s special case in order to avoid undue hardship to them, the claim of interest in this peculiar facts and circumstances of the case will not be proper. It is also made clear that the arrears of pension would be paid to the teachers in these categories within a period of three months i.e. on or before 31 st 3 May 2010 and the Respondent would continue to pay pension regularly thereafter i.e. with effect from 1 st June 2010. Both the Petitions stand disposed of accordingly. (J N Patel, J) (C L Pangarkar, J)