Jaysingh Krishna Patil v. The State Of Maharashtra Thr. Secretory And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12073 OF 2025 Jaysingh Krishna Patil

...Petitioner

Versus

The State Of Maharashtra And Ors.

...Respondents

.....

Adv. Nikhil Narendra Pawar for Petitioner.

Ms. T. J. Kapre, A.G.P. for Respondent- State. Mr. Pravin V. Patil, Superintending Engineer (in-charge) Maharashtra Jivan Pradhikaran Mandal, Sangli.

.....

CORAM : M.S. KARNIK & AJIT B. KADETHANKAR, JJ.

DATE : 9th DECEMBER, 2025.

P.C:

1.

Heard learned counsel for the petitioner.

2.

This Court by vide order dated 18th November 2025 in paragraph Nos.5 and 6, held thus :

"5. In case we ind that the retirement gratuity of the Petitioner which was due from 1st July 2023 is not released, this Court will be constrained to award interest @ 9% p.a. as claimed by the Petitioner.

6.

we are informed that even No Dues Certiicate has been issued by the Respondent No.2-The Member Secretary. In such circumstances we request the responsible oicer at higher level i.e. Respondent No.2-The Member Secretary to look into the representation and ensure that the matter is resolved by the returnable date."

3.

Learned AGP, on instructions of the Respondent- Maharashtra Jivan Pradhikaran submitted that the order in terms of paragraph Nos.5 and 6 has been complied and the retirement gratuity of the petitioner has been released.

4.

Learned counsel for the petitioner, on instructions of the petitioner, who is present in the Court, submits that the same has been received. Learned counsel for the petitioner submitted that there was an unnecessary delay in releasing the retirement gratuity and hence he is entitled to award interest. Learned counsel for the petitioner invited our attention to the G.R. dated 1st August 2025, issued by the State of Maharashtra in order to facilitate the prompt payment of retiral dues.

5.

We did see substance in the submissions of learned counsel for the petitioner. However, on instructions of the petitioner, the learned counsel graciously submitted that the claim for interest on the delayed payment could be given up, considering that the petitioner has worked with the Maharashtra Jivan Pradhikarn for such a long time. He wishes to maintain cordial relations with the employer. We appreciate such gesture on the part of the petitioner. Nonetheless, learned counsel for petitioner expressed his apprehension that what is paid to the petitioner is provisional pension since last two years and the regular pension proposal could be delayed. 6.

We direct the respondent- Pradhikaran to issue regular pension

payment order within a period of eight weeks from today, so that the petitioner is not made to run from pillar to post and again approach this Court with a further round of litigation. 7.

We expect the Member Secretary of the Maharashtra Jivan Pradhikaran to look into this issue of delayed payment of gratuity and ensure that appropriate guidelines/instructions are issued in case of retired employees to ensure that the gratuity payments in respect of the retired employees is processed promptly and not delayed. The Member Secretary to ensure that the provisions of the GR dated 1st August 2025 are scrupulously followed.

8.

Liberty to apply in case of diiculty.

9.

Petition is disposed of.

[AJIT B. KADETHANKAR, J.] [M.S. KARNIK, J.]