Sahebrao Govindrao Korade And Another v. State Of Maharashtra And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.2555 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.B.R.Kedar, dvocate for the Petitioners.

Smt.S.D.Shelke, Asstt. Govt. Pleader for the State. Mr.S.R.Bagal, advocate for Respondent No.4.

CORAM : S.V.GANGAPURWALA & V.K.JADHAV,JJ.

Date : 06.07.2015.

PER COURT :

1.

Heard.

2.

Mr.Kedar, learned counsel for the petitioners on instructions states that after filing of the present Writ Petition, the petitioners have been paid gratuity and other benefits except the arrears of the difference of 6th Pay Commission and the interest. The petitioners be paid interest at the rate of 12% p.a.

4.

Mr.Bagal, learned counsel submits that because of the financial crunch, the amount of the retiral benefits could not be paid earlier. Even difference of the 6th Pay Commission would be tried to be paid expeditiously to the petitioner, however, the interest may not be saddled upon the petitioner.

5.

Considering the fact that retiral benefits except the difference of 6th Pay Commission has been paid, so also considering the financial stringencies shown by the Respondents, we pass the following order :

a) The Respondents shall pay the arrears of the difference of 6th Pay Commission expeditiously to the petitioners, preferably within six (6) months. The Respondent Municipal Council shall pay interest at the rate of 6% p.a. on the delayed payment of the retiral benefits i.e. from the lapse of 6 months of retirement till the payment of the said amount of retiral benefit. b) The Writ Petition is accordingly disposed of. No costs. (V.K.JADHAV,J.) (S.V.GANGAPURWALA,J.) Dt.06.07.2015.

asp/office/wp2555.15