Bhaskar Eknathrao Gire v. The State Of Maharashtra Through Its Chief Secretary And Others

2025:BHC-AUG:16344-DB *1* 934wp2011o25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2011 OF 2025 BHASKAR EKNATHRAO GIRE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS CHIEF SECRETARY AND OTHERS ...

Shri Syed Azizoddin R. and Shri Farooqui LKF, Advocate for the Petitioner.

Shri S.P. Sonpawale, AGP for Respondent No.1/State. Shri Nitin K. Chaudhari, Advocate for Respondent No.2. Shri D.S. Bagul, Advocate for Respondent No.3/MSRTC. ...

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

DATE :- 25th June, 2025 Per Court :- 1.

Shri Bagul, the learned Advocate for Respondent No.3/MSRTC, has tendered an affidavit in reply on behalf of the MSRTC.

2.

Shri Chaudhari, the learned Advocate for Respondent No.2, has tendered the compilation of three pages, vide which, the pension payment has already commenced. Same is collectively marked as 'X' for identification. 3.

There is no dispute that the Petitioner has suffered

*2* 934wp2011o25 delay in payment of pension by one year and 10 months on account of the mistake of the MSRTC of paying the pension amount to another employee. The Pension Office raised an objection that as the amount is already paid for one year to another employee, the MSRTC will have to resubmit the proposal by rectifying its records. This has been done, though leading to a delay of around of 22 months. The Petitioner, therefore, prayed for the arrears of pension of the delayed period and also cost of litigation.

4.

Considering the above, this Writ Petition is disposed off. Since the arrears of pension have also been paid and regular pension is being paid to the Petitioner, we are granting 6% simple interest per annum, to be calculated on the pension quantum for the period of 22 months or as the delay may actually be, along with an amount of Rs.10,000/- (Rupees Ten Thousand) towards costs of litigation. The amounts be paid to the Petitioner by the MSRTC within 45 days from today. kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)