Rutuja Latke, 45, widow of Shiv Sena MLA Ramesh Latke from Andheri east assembly constituency, has approached the Bombay High Court alleging “discriminatory” act of the part of the Brihanmumbai Municipal Corporation (BMC) in not accepting her resignation so that she can contest the bye-elections.
Rutuja, who has been employed as a clerk with BMC since 2006, has sought that the BMC be directed to accept her resignation letter. Latke was MLA until his death on May 11.
Rutuja’s petition contends that the BMC rejected her request on September 22 to permit her to contest the bye elections. She had sought relaxation till the declaration of the results. The civic body said that its service regulations prohibits employees from contesting elections.
When the Election Commission announced the bye-elections on October 3, she resigned and urged waiver of one month notice period to contest the bye election. She then got all necessary dues/no inquiry certificates from departments where she had worked. After verification, she was asked to pay one month’s pay of Rs 67,590, which she deposited.
Her plea states that the last date of filing of nominations is October 14.
Due to the delay on BMC’s part to accept her resignation, Rutuja filed a petition in HC stating that the corporation’s delay in issuing a letter accepting her resignation “appears to be deliberate so as to prevent her from contesting the bye elections.”
She has also said that the BMC cannot withhold acceptance of her resignation letter after she has complied with all requirements and was permitted to pay the notice pay. Citing a service rule, her plea states that BMC can permit payment of notice pay only at the time of acceptance of resignation. Her plea reads: “Therefore, having permitted the petitioner to pay the notice pay amount, the respondents (BMC) have in fact accepted the resignation of the petitioner.”
Giving example of an employee Hemangi Worlikar, Rutuja has said that the BMC has permitted employees to resign without serving one month’s notice period.
Alleging that the BMC’s acts are “discriminatory”, her petition reads: “Therefore, the petitioner has been singled out without any justifiable reasons.”
In the alternate she has urged that the HC “declare that she has duly resigned” from service of BMC.
In addition, she has prayed that pending hearing and final disposal of the petition, she be allowed “to fill her nomination form”.
Her petition was mentioned before a division bench headed by justice Nitin Jamdar who kept it for hearing on Thursday.
