Arun Achut Prabhudesai vs State Of Maharashtra And Ors
2021 Latest Caselaw 9172 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION


                              WRIT PETITION NO.2545 OF 2021


      Arun A.Prabhudesai                                             ...Petitioner
                V/s.
      State of Maharashtra & Ors.                                    ...Respondents


      Mr.V.S. Talkute for the Petitioner.

      Mrs.P.J. Gavhane, AGP for the State - Respondent Nos.1 and 2.

      Mr.Rajendra Anbhule for the Respondent No.3.

                                       CORAM : R.D. DHANUKA &
                                               R.I. CHAGLA, JJ.

DATE : 14TH JULY, 2021.

(THROUGH VIDEO CONFERENCE)

P.C. :-

1. By this petition filed under Article 226 of the Constitution of

India, the petitioner seeks order and direction against the

respondent nos.1 and 2 to grant pension to the petitioner as

expeditiously as possible and further direction to pay to the petitioner

interest at the rate of 12% p.a. on the delayed payment of pension

from the date of retirement of the petitioner till realization along with

arrears.

2. This Court on 9th July, 2021 had recorded that the learned

AGP for respondent nos.1 and 2 State seeks time to consider the

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judgments annexed at pages 36 to 59 of the petition and to make a

statement before this Court whether the issue involved in this petition

is concluded in favour of the petitioner by these judgments or not.

Today learned AGP appearing for the respondent nos.1 and 2 makes

a statement on instruction that the issue arising in this petition is

concluded in favour of the petitioner by the judgments annexed at

pages 36 to 59 to the petition . Statement is accepted.

3. The judgments in Writ Petition Nos.6168 of 2012, 8830 of

2015, 1175 of 2018, 5068 of 2018 and other companion matters and

Writ Petition No.8830 of 2015 along with other companion matters

are on record of this petition.

4. We have also considered the order dated 25 th February,

2021 passed by the Division Bench of this Court in Writ Petition

No.2482 of 2020 Mrs.Kunda Prakash Ranade vs. State of

Maharashtra through its Secretary Higher & Technical Education

Department & Ors. along with other companion matters wherein this

Court has considered the various Division Bench decisions of this

Court which are referred to above and observed that that the

objections regarding over age at the time of appointment could not

be sustained for denying pension to the respective employees. It was

further observed that the AGP for the State is unable to point out any

distinguishing feature in the facts of that matter from the facts of

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these other cases.

5. In view of the said decisions referred to above, we

observe that the petitioner's pension has been delayed due to no

fault of theirs and despite the law laid down by this Court in the

above referred cases. We direct the respondent no.3 Educational

Institution to forthwith comply with all the formalities relating to

release of the pension dues of the petitioner. The respondent no.3

Educational Institution shall submit the requisite papers if not already

submitted to the respondent State for releasing the pension dues.

The respondent no.3 Educational Institution shall offer all possible

assistance for completing the formalities.

6. Since the petitioner's pension has been delayed due to no

fault of theirs inspite the law laid down by this Court in the above

referred cases, the respondent nos.1 and 2 are directed to pay the

petitioner pension dues with interest at the rate of 8% p.a. on the

delayed payment of pension from the date of respective due dates

and until payment. We direct the respondent nos.1 and 2 State to

pass appropriate orders and release the pension dues as

expeditiously as possible and in any event within a period of six

weeks from the date of receipt of the papers from the respondent

nos.3 Educational Institution. If necessary documents are already

submitted, then the respondent nos.1 and 2 State shall pass

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appropriate orders and release the pension dues within six weeks

from today. In case the the petitioner's dues are not released within

the above stated period, the pension dues shall carry interest at the

rate of 12% p.a. from the expiry of the above stated period and until

payment.

7. The petition is accordingly disposed of in above terms.

There shall be no order as to costs.

8. All parties to act on the authenticated copy of this order

duly authenticated by the Sheristedar of this Court.

(R.I. CHAGLA, J.)                               (R.D. DHANUKA, J.)