Ganpat Dhondu Dhasare And ANR v. State Of Maharashtra Thr Secretary And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(910) WRIT PETITION NO. 6847 OF 2025 Vaidhehi Vilas Khare
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
by SUNNY ANKUSHRAO THOTE Date:
2025.07.07 10:33:19 +0530 SUNNY ANKUSHRAO THOTE AND
(915) WRIT PETITION NO. 17036 OF 2024 Ganpat Dhondu Dhasare & Anr.
...Petitioners
Versus
The State of Maharashtra & Ors.
...Respondents
AND ORDINARY ORIGINAL CIVIL JURISDICTION
(36) WRIT PETITION (L) NO. 32966 OF 2024 Kalpana Sanjay Sawant
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
AND
(502) WRIT PETITION (L) NO. 3980 OF 2022 (NOT ON BOARD) Prachi P. Kulkarni
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
WITH WRIT PETITION (L) NO. 4069 OF 2022 (NOT ON BOARD)
Suhas Narayan Gogate
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
AND
(503) WRIT PETITION (L) NO. 3991 OF 2022 (NOT ON BOARD) Kalpana Ramesh Purohit
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
AND
(504) WRIT PETITION NO. 2940 OF 2024 (NOT ON BOARD) Namrata V. Desai
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
AND
(505) WRIT PETITION (L) NO. 12161 OF 2024 (NOT ON BOARD) Sunita Ajit Subhedar & Ors.
...Petitioners
Versus
The State of Maharashtra & Anr.
...Respondents
AND
(506) WRIT PETITION (L) NO. 15683 OF 2024 (NOT ON BOARD) Jameela Maksud Khan & Ors.
...Petitioners
Versus
The State of Maharashtra & Ors.
...Respondents
Mr. Ajit J. Kenjale a/w Mr. Sai Rajendra Kadam, Mr. Azharuddin Khan, Advocate for the Petitioners in WP/6847/2025, WP/17036/2024 & WP(L)/32966/2024.
Ms. Disha Vardhan, Advocate for Respondent Nos.2 & 3 in WP/6847/2025, WP(L)/3980/2022, WP(L)/4069/2022, WP(L)/3991/2022, WP/2940/2024 & WP(L)/12161/2024. Ms. Jyoti Chavan Addl. G.P. a/w Ms.Mazia Shaikh, AGP for the Respondent/State in WP(L)/3980/2022, WP(L)/4069/2022 WP(L)/3991/2022, WP/2940/2024, WP(L)/12161/2024 & WP(L)/15683/2024.
Ms. Jyoti Chavan Addl. G.P. a/w Mr. Himanshu Takke, AGP for the Respondent/State in WP(L)/32966/2024.
Mr. A.K. Naik, AGP for the Respondent/State in WP/6847/2025. Ms. P.J. Gavhane, AGP for the Respondent/State in WP/17036/2024. CORAM : RAVINDRA V. GHUGE & M. M. SATHAYE, JJ.
DATE : 4th JULY, 2025 P.C. :- 1.
Writ Petition (L) No. 3980 of 2022, Writ Petition (L) No. 4069 of 2022, Writ Petition (L) No. 3991 of 2022, Writ Petition No. 2940 of 2024, Writ Petition (L) No. 12161 of 2024 and Writ Petition (L) No. 15683 Of 2024, were not on board. Being identical, by consent, taken on board.
2.
In all these matters, the purpose for which the Petitions were filed, has been achieved. All these Petitions can be disposed off, by the consent of the Parties.
3.
However, the Petitioners state that one issue pertains to the difference in the dearness allowance from 46% to 53%, i.e. 7% of the unpaid dearness allowance. This difference will have to be calculated considering that the University has the records available. Having heard the learned Advocates, this issue, therefore, can be left to the University to be decided and for the said purpose, we grant liberty to the concerned Petitioners to tender their individual/collective representations at the earliest. After receiving representations, the University would decide the same within a period of four weeks.
4.
The learned Advocate for the University submits on instructions that those Employees who approached the University for seeking the calculations sheet as regards their retirement benefits, especially the salary structuring/pension structuring as per the 7th pay commission recommendations, were granted such calculations sheet. If the Petitioners desire to seek such a calculations sheet, they may only tender an application to the University along with their E-mail Address/Postal Address and the University would transmit the said calculations to the concerned Applicant.
5.
In Writ Petition (L) No.32966 of 2024, the learned Advocate for the Petitioner submits that a representation dated 25th September, 2024, has been filed by the Petitioner praying for the difference in the pay scale in the light of the introduction of the 7th pay commission recommendations w.e.f. 1st January, 2016, until the date of retirement. He superannuated on 31st August, 2024. The pension is alleged to have been calculated as per the 6th pay commission recommendations. In view of this position, we call upon the University to deal with the said representation of the Petitioner, Kalpana Sanjay Sawant and take a decision on the same, on or before 31st July, 2025. The E-mail address of the Petitioner is mentioned as kalpanasawant57@gmail.com. The University would communicate its decision to the Petitioner on her said E-mail ID. If she is entitled for the difference, the said amount would be calculated by the University and would be paid to the Petitioner, within a period of 60 days.
6.
The learned Advocate for the Petitioners relies upon a circular dated 10th February, 2001, issued by the University in which it has been advised to it's office that the pension will be paid, on or before the 5th day of each month. We would appreciate if the
University makes an endeavour to strict to the said policy. 7.
On the request for interest on the delay payments, the learned Advocate for the University has vehemently opposed the request for interest.
Considering that the statutory payments were due to the Petitioners and considering the delay that has occurred, we accept the request of the Petitioners that wherever the delayed payment affects any of these Petitioners, the University would pay interest on the quantum of unpaid amounts for the delayed period, at the simple rate of 6% per annum.
8.
With the above observations/directions, all these Writ Petitions are disposed off.
(M. M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.)