Vidya Hariharrao Deshpande v. State Of Maha And ORS

wp470.04 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.470 OF 2004 (Vidya Hariharrao Deshpande Vs The State of Maharashtra and others) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM :

A.V.NIRGUDE & V.K. JADHAV, JJ.

DATED : 13.10.2015 Mr.M.K.Deshpande, Advocate for the petitioner.

Mrs.S.S.Raut, A.G.P.

for the respondent/ State.

1.

Despite order passed on last occasion the learned A.G.P. does not make any submissions to throw light on question of payment of interest. On the other hand respondent Nos.3 and 4 filed an affidavit today opposing the petitioner's demand of interest.

2.

We have clarified earlier in our order that despite order of the Court the petitioner was not paid arrears of salary in time. We also held that not paying arrears in time could not be said to be bonafide mistake.

wp470.04 Therefore, we direct the State of Maharashtra to pay 6% interest on the delayed payment of arrears of salary and the amount so paid shall be recovered from grant-in-aid payable to the respondent Nos.3 and 4 within six weeks from today.

2.

The petition stands disposed of.

[V.K. JADHAV, J.] [A.V. NIRGUDE, J.] VishalK/wp470.04