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Bombay High CourtWP/13154/2017disposed off

Randhir Rangnathrao Jogdand v. The State Of Maharashtra And Others

2022-12-09Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Sanjay A. Deshmukh3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 924 WRIT PETITION NO.13154 OF 2017 RANDHIR RANGNATHRAO JOGDAND

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.G.K.Kshirsagar, Advocate for the petitioner. Mr.P.S.Patil, Additional GP for respondent No.1. Mr.S.P.Brahme, Advocate for respondent No.2.

Ms.Nayana Patil, Advocate h/f Ms.Surekha P.Mahajan, Advocate for respondent No.3 ( CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.) DATE : DECEMBER 09, 2022 PER COURT :

1.

Pursuant to the directions of this Court dated 04.03.2020, the Chief Accounts and Finance Officer of the University at Aurangabad was directed to hear the petitioner and the authorized representative of respondent No.2 Health University and quantify the dues payable to the petitioner. The concerned officer has tendered a report dated 19.12.2020.

2.

The learned Advocate representing the Health University submits

- 2 - on instructions that the Health University agrees that the report submitted by the Officer as directed by this Court and the said amount of Rs.2,69,716/- which is inclusive of interest till December 2020, would be paid by the Health University. Since an amount of Rs.1,32,835/- has already been paid to the petitioner, the residual amount would be paid on or before 21.01.2023. 3.

The learned Advocate for the petitioner submits that the interest as is permissible in view of the Government Rules, needs to be paid to the petitioner for the period January 2021 to December 2022. We don' t find that the said request could be faulted. Since the dues of the petitioner towards difference in the pay scale as per the recommendations of the 6th Pay Commission have not been paid, grant of interest would meet the ends of justice.

4.

In view of the above, this petition is disposed off. The Health University would calculate the interest component as per the rate of interest that is prescribed and applicable to the University for the period January 2021 till December 2022 and the said amount would be paid to

- 3 - the petitioner, on or before 21.01.2023. Needless to state, the interest would not be calculated on the amount which has already been paid to the petitioner.

5.

The writ petition is disposed off in the above terms. ( SANJAY A. DESHMUKH, J. ) ( RAVINDRA V. GHUGE, J.)