Vasant Baliram Damkondwar v. Bhushan Gagrani Secretary Urban Development Department And Others

2025:BHC-AUG:7372-DB 71.23cp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 956 CONTEMPT PETITION NO. 71 OF 2023 IN WP/14770/2019 Vasant Baliram Damkondwar

VERSUS

Mr. Bhushan Gagrani Secretary Urban Development Department And Others ....

Ms Jayshri P. Reddy, Advocate for petitioner Mrs S. N. Deshmukh, A.G.P. for respondent/State Mr G. G. Kadam, Advocate for respondent No.6 CORAM : R. G. AVACHAT AND PRAFULLA S. KHUBALKAR, JJ.

DATE : 11th March, 2025 PER COURT:

1.

The petitioner has been paid his retiral benefits with interest at the prevailing rate during the concerned year, during which the delay was caused in making the payment. The same has been stated on affidavit.

2.

Learned advocate for the petitioner, relying on the Government Resolution of the year 1994 submits that the rate of interest on delayed payment shall be 12% p.a. While learned counsel for respondent No.6/Municipal Council relied upon the

71.23cp (2) Government Resolution of the year 1995, wherein it has been observed that the rate of interest shall be in accordance with the interest payable on General Provident Fund (G.P.F.) amount. Admittedly, rate of interest thereon remains fluctuating. As per the Government Resolution, 12% interest or rate of interest payable on G.P.F., which is lesser, is permissible. He relied on Government Resolution of 1995. Accordingly, the amount has been paid to the petitioner. As such, nothing survives in this petition. The petition therefore stands disposed of. (PRAFULLA S. KHUBALKAR, J.) (R. G. AVACHAT, J.) sjk