Milind Bhagwanrao Shrotre v. The State Of Maharashtra And Others

35-WP-6596-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6596 OF 2020 MILIND BHAGWANRAO SHROTRE DIED THROUGH LRS MADHURI W/O MILIND SHROTRE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. R. R. Bangar h/f Mr. Maniyar Irfan D. AGP for Respondent No.1 : Ms. V. N. Patil Jadhav Advocate for Respondent Nos. 2 to 5 : Mr. G. M. Shingare ...

CORAM : RAVINDRA V. GHUGE AND S. G. MEHARE, JJ.

DATE : 11th OCTOBER, 2021 PER COURT :

1.

The only grievance of the petitioner before this Court was that his pensionary benefits were not being paid since 2019 when he superannuated on 31st August, 2019. He filed this petition in August, 2020. During the pendency of this petition, the original petitioner has unfortunately passed away and his widow is on record.

2.

The learned advocate representing respondent Nos. 2 to 5 places a photostat copy of a communication dated 10th October, 2021 alongwith a photostat copy of a cheque dated 08-10-2021 for an amount of Rs.32,38,272/- as arrears of the pension amount. We have taken these two documents on record, which are collectively marked as 'X' for identification.

35-WP-6596-20.odt 3.

In view of the above, it is apparent that there is no dispute that the deceased petitioner was entitled for the pensionary benefits from 1st September, 2019. Respondent Nos. 2 to 5 were unable to pay the said amount till this date. The learned advocate for the petitioner is justified in praying for reasonable interest amount on the unpaid pensionary benefits.

4.

As such, this petition is disposed off by taking the documents 'X' on record, in view of the statement of the learned advocate that the said amount would be credited into the account of the petitioner within two to three days. In addition, we direct respondent Nos. 2 to 5 to calculate the interest amount at the rate of 6% per annum from September, 2019 till 30th September, 2021 and pay the said interest amount to the petitioner as expeditiously as possible and preferably on or before 15th December, 2021. (S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.) SVH