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Bombay High CourtWP/4860/2016disposed offdismissed for default

Ramamani B Keshvan v. The State Of Maharashtra And Others

2016-10-06Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice K. K. Sonawane2 pages

{1} 931 sr. no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 931 WRIT PETITION NO. 4860 OF 2016 RAMAMANI B KESHVAN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Ameya N Sabnis AGP for Respondent Nos. 1 to 3 : Mr. P.S. Patil Advocate for respondent No.4 : Mr. V.P. Latange. . . .

CORAM : R.M. BORDE & K.K. SONAWANE, JJ.

DATE : 6TH OCTOBER, 2016.

PER COURT:

1] Rule. Rule made returnable forthwith. With the consent of learned counsel appearing for the respective parties, taken up for final disposal.

2] The petitioner who is a retired employee of respondent No.5 institution, is claiming payment of arrears of increments alongwith interest on the same till the date of payment.

3] The issue raised in the matter is no longer res-integra in view of the judgment delivered by the Division Bench of this Court in the matter of Dr. Sudhakar Govindrao Pohnerkar and others Vs. State of Maharashtra and others ( W.P. No. 6970 of 2007 decided on 11.8.2011) and in the matter of Dr. Ramesh Vitthal Rachnapurkar Vs. State of Maharashtra and others ( W.P. No. 2463 of 2013 decided on 24.6.2013). The petitioner's claim towards amount of arrears of increments is justified since the principle amount has been paid to him on 31.3.2009, however, the amount of interest on said

{2} 931 sr. no..odt amount has not been paid to the petitioner.

4] For the reasons recorded in the judgment referred to above, the claim of the petitioner lodged in the instant petition deserves to be allowed and the same is accordingly allowed.

4] Respndents are directed to pay interest on the amount of increments from the date of entitlement i.e. 1.2.1994 till 31.3.2009 i.e. the date of actual payment, as expeditiously as possible, preferably within 4 months from today.

5] Rule is accordingly made absolute with no orders as to costs. [K.K.SONAWANE] [R.M. BORDE] JUDGE JUDGE grt/-