1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.1983 OF 2008
Shamrao Nandu Sapkale,
Age-65 years, Occu-Retired,
Gopalnagar, Behind Plot No.1,
Tq. Dist. Dhule -- PETITIONER
VERSUS
1. The State of Maharashtra,
Through Secretary,
Home Department,
Mantralaya, Mumbai-32
2. The Director General of Police,
Maharashtra State,
Mumbai,
3. The Commandant,
SRPF, Daund, Division No.7,
Pune. -- RESPONDENTS
WITH WRIT PETITION NO.5478 of 2008
1. The State of Maharashtra, Through Secretary, Home Department, Mantralaya, Mumbai-32
2. The Director General of Police, Maharashtra State, Mumbai,
3. The Commandant, SRPF, Dound, Group No.7, Pune. -- PETITIONERS VERSUS khs/NOV. 2017/1983 ::: Uploaded on - 30/11/2017 ::: Downloaded on - 01/12/2017 01:29:43 ::: 2 Shamrao Nandu Sapkale, Age-65 years, Occu-Retired, Gopalnagar, Behind Plot No.1, Tq. Dist. Dhule -- RESPONDENT Mr.S.D.Dhongade, Advocate for the petitioner/employee. Mr.Y.G.Gujrathi, AGP for respondent Nos.1 to 3.
( CORAM : RAVINDRA V. GHUGE AND SUNIL K. KOTWAL, J.J.) DATE : 27/11/2017 ORAL JUDGMENT : (Per Ravindra V.Ghuge, J.)
1. The First petition is filed by the employee/original appellant. Learned Advocate for the said appellant submits that he does not desire to prosecute this 1st petition and the same may be disposed of, as withdrawn. As such, the first petition filed by the employee stands disposed of, as withdrawn. Rule is discharged.
2. The second petition has been filed by the State Government and its Departments challenging the judgment delivered by the Maharashtra Administrative Tribunal dated 08/02/2008 in Original Application No.323/2007 filed by the employee/applicant. Learned AGP has strenuously canvassed that the imposition of interest @ 10% p.a. for the delay caused in making the payment of retiral benefits to the employee, is an unsustainable order. He has drawn our attention khs/NOV. 2017/1983 ::: Uploaded on - 30/11/2017 ::: Downloaded on - 01/12/2017 01:29:43 ::: 3 to the reasons assigned in the memo of the petition.
3. Learned Advocate for the employee has strenuously defended the impugned order and submits that when an individual, after retirement, is forced to run from pillar to post for seeking his retiral benefits, the State Government, which is said to be a Model Employer, cannot be absolved of its liability to compensate such an employee by imposition of interest on the delayed payments.
4. We find from the record that the employee had to approach the Tribunal earlier in Original Application No.83/2006. By judgment dated 11/10/2006, the application was allowed and the State Government was directed to expedite the payment of consequential benefits based on the revision of pension and DCRG owing to the order dated 26/09/2006, within 4 months. It is stated in the impugned order in paragraph No.7 as to when were the retiral benefits of the employee actually paid. The dates of payment are also mentioned in the impugned order.
5. It is, therefore, apparent from the said dates of payments and the orders of the Tribunal that there is a delay, which cannot be attributed either to the conduct of the employee or for any other khs/NOV. 2017/1983 ::: Uploaded on - 30/11/2017 ::: Downloaded on - 01/12/2017 01:29:43 ::: 4 reason. We, therefore, find that the impugned order imposing interest for the period of the delayed payment, can neither be termed as being perverse or erroneous.
6. The learned AGP contends that they had sought extension of time for making the said payment. Hence the State cannot be faulted for having made a delayed payment. We are not impressed with these submissions for the reason that grant of extension of time cannot be a ground for absolving the State from paying interest. The application for extension of time was made by the Government obviously to avoid contempt proceedings and cannot be deemed to absolve the State of its responsibilities in paying interest on the delayed payments.
7. The second petition, being devoid of merit, therefore stands dismissed. Rule is discharged.
( SUNIL K. KOTWAL, J. ) ( RAVINDRA V. GHUGE, J.) khs/NOV. 2017/1983 ::: Uploaded on - 30/11/2017 ::: Downloaded on - 01/12/2017 01:29:43 :::