The State Of Maharashtra, Thr. Prin. Secretary, Dept. Of Water Resources, Mumbai And ORS v. Manohar S/O Bhimrao Kapse

1/2 108.wp.867.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 867 OF 2025 (The State of Maharashtra & Ors. V/s Manohar Bhimrao Kapse) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. N. S. Rao, AGP for Petitioners/State.

--------------------------- CORAM : NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI, JJ. DATE : APRIL 03, 2025.

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Heard.

2.

The Respondent came to be superannuated on 31st July, 2019, however, there is a delay in payment of pension which has prompted the Maharashtra Administrative Tribunal (for short, 'the Tribunal') to pass the impugned order dated 13th July, 2023. 3.

Mr. Rao, the learned Assistant Government Pleader appearing for the Petitioners/State would urge that the administrative exigencies such as the change in policy qua the ACPS, the applicability of 7th pay commission etc. have caused delay which was unintentional and the same was completely bona fide. He would try to substantiate his contentions from the pleadings in paragraph Nos.5 and 6 of the reply filed before the Tribunal. 4.

If we appreciate the same, the least that was expected of the Petitioners was to release the provisional pension which was also not done by the Petitioners.

2/2 108.wp.867.2025.odt 5.

In such an eventuality, the order of saddling the benefits cannot be faulted with. The Petition lacks merits. The same stands dismissed.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PA To Honourable Judge Date: 04/04/2025 18:06:52