Uttam Laxmanrao Jagtap v. The State Of Maharashtra Through The Principal Secretary And Others

923wp14339-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 WRIT PETITION NO.14339 OF 2023 UTTAM LAXMANRAO JAGTAP

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Deshpande Abhishek C. AGP for Respondents State: Mr. S. G. Karlekar

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 9th November, 2023 ORDER:

1.

This Petitioner has retired on 30.06.2014. Increments payable to him on completion of twelve months service on 30th June of the particular year, were not paid to him.

2.

This issue is no longer res-integra. The Honourable Supreme Court has delivered the judgment on 11.04.2023 in Civil Appeal No.2471/2023 (The Director (Admn. and HR), KPTCL and others vs. C.P. Mundinamani and others, AIR 2023 SC 1956). Based on the said judgment, the Government of Maharashtra has issued the Government Resolution dated 28.06.2023. This has cleared the path for all such claimants.

3.

The learned Advocate for the Petitioners submits, on instructions, that as these Petitioners have approached this Court after

923wp14339-23 about 11 to 14 years, they would not claim interest on monetary benefits beyond three years preceding the date of filing of this Petition. The said statement is recorded.

4.

In view of the above, this Writ Petition is partly allowed. The Petitioners are entitled to the notional addition of the last yearly increment for the purpose of calculating their pension, gratuity, earned leave, commutation benefits, etc. Insofar as arrears of the benefits are concerned, the Petitioners would be entitled for the same for a period of three years preceding the date of the filing of this petition or as per actuals, whichever is less. Such arrears should be calculated and be paid to the Petitioners, on or before 29th February, 2024. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan