Devising Jatansing Girase v. State Of Maha And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6393 OF 2004 DEVISING JATANSING GIRASE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Advocate for the petitioner: Mr. P.B. Patil AGP for respondent Nos. 1 to 6: Ms. S.S. Raut .....

CORAM : A. V. NIRGUDE AND V. K. JADHAV, JJ.

DATED : 12th OCTOBER, 2015 PER COURT:- 1.

Heard learned counsel for the petitioner. This petition mainly seeks interest on delayed payment of pensionary benefits payable to the petitioner. The petitioner stood retired on account of attaining age of superannuation on 31.1.2001. From the date of retirement, within a period of six months, all pensionary benefits were required to be paid to the petitioner. However, they were not paid till February, 2002. It is therefore, clear that the delay of six months has occurred in disbursing the amount of pensionary benefits. The petitioner appears to be entitled to receive interest as per provisions of Rule 129-A and 129-B of Maharashtra Civil Services (Pension) Rules 1982.

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In this petition, the petitioner has also made some more grievances that even after retirement, he was subjected to departmental enquiry etc. but the same came to be quashed and set aside by the Maharashtra Administrative Tribunal. We therefore, are not inclined to give compensation to the petitioner for alleged harassment etc. The petition should succeed partly in terms of following order:-

O R D E R

I.

The amount of interest on delayed payment paid towards retiral benefits, at the rate prescribed by the Rules, be given to the petitioner for a period of six months i.e. between August, 2001 to February, 2002. The said amount be paid to the petitioner within four weeks from today.

II.

Petition is disposed of. Rule is made absolute in the above terms. No costs.

( V. K. JADHAV, J.) ( A. V. NIRGUDE, J. ) rlj/