Navnath Ganpatrao Surwase v. The State Of Maharashtra Through Its Secretary And Others

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 39 WRIT PETITION NO.1253 OF 2023 NAVNATH GANPATRAO SURWASE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

AND 41 WRIT PETITION NO.1255 OF 2023 SUHAS NARAYAN JOSHI

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

AND 43 WRIT PETITION NO.1265 OF 2023 RAMESH RAMCHANDRA YANDE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

AND 95 WRIT PETITION NO.1393 OF 2023 RAJJAK DULEKHA PATHAN

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioners : Shri Maniyar Irfan D. AGP for Respondent 1/State : Shri S.G. Karlekar, Shri V.M. Kagne and Shri P.S. Patil in the respective petitions. Advocate for Respondents 2 to 5/ZP : Shri H.P. Jadhav

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CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :- 06th February, 2023 Per Court :- 1.

In these matters, the petitioners, who are pensioners, have approached this court, on account of non payment of their pensionary benefits.

2.

The learned advocate for the respondent/ Zilla Parishad employer, submits that considering the facts and circumstances of the case, the pensionary dues of these petitioners are pending with the Zilla Parishad. Considering the COVID situation, the Zilla Parishad failed to recover it's own funds. The Zilla Parishad undertakes that if funds are available, the petitioners' dues will be cleared as early as possible. 3.

In view of the above, we find it appropriate to rely upon the earlier orders passed by this Court dated 11.10.2021 in Writ Petition No.6596 of 2020 filed by Milind Bhagwanrao Shrotre vs State of Maharashtra and others, at Aurangabad, and in Writ Petition No.10524 of 2021 and other connected writ petitions, vide which, we have directed the payment of the said

*3* outstanding amounts along with interest at the rate of 6% p.a. from the date on which the pensionary benefits became payable and due.

4.

As such, these Writ Petitions are allowed.

5.

Respondent No.2/ Zilla Parishad is directed to pay the outstanding dues of these petitioners, on or before 15.04.2023 along with interest at the rate of 6% p.a. from the date the amounts become payable till the amounts are actually paid. kps (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.)