Bombay High Court
Namdeo Kashinath Shambharkar vs Dr. Panjabrao Deshmukh Krishi ... on 10 June, 2021
Bench: S.B. Shukre, Avinash G. Gharote
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 3494 OF 2020
PETITIONER: Namdeo Kashinath Shambharkar,
aged about 62 years, Occ. Retired Grade-1
Labour, R/o. 13/A, Awadhut Nagar-2,
Near Vande-mataram College, Chikhli Road,
P.O.Mhalgi Nagar, Nagpur
...VERSUS...
RESPONDENTS: 1. Dr. Panjabrao Deshmukh Krishi Vidyapeeth,
Akola, through its Vice Chancellor.
2. Dr. Panjabrao Deshmukh Krishi Maha
Vidyalaya, Nagpur, through its
Cooperative Presiding Officer,
3. Dr. Panjabrao Deshmukh Krishi Maha
Vidyalaya, Nagpur, Horticulture Department
through its Principal
4. Dr. Panjabrao Deshmukh Krishi Maha
Vidyalaya, Nagpur, through its
Officer and Accountant
5. Department of Agriculture, Government of
Maharashtra, Mantralaya, Mumbai
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Shri D.P. Bhongade, Advocate for petitioner
Shri Abhay Sambre, Advocate for respondent nos.1 to 4
Shri A.A.Madiwale, AGP for Respondent No.5
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CORAM : SUNIL B. SHUKRE AND
AVINASH G. GHAROTE, JJ.
DATE : 10/06/2021.
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ORAL JUDGMENT (PER : SUNIL B. SHUKRE, J.)
1] Heard learned counsel for the parties.
2] Rule. Rule made returnable forthwith. Heard finally by
consent of the learned counsel appearing for the parties.
3] The grievance raised in this petition is in respect of the
delay on the part of the respondents in making payment of balance
amount of whatever was due and payable to the petitioner under the
Defined Contribution Pension Scheme. This balance amount, as
calculated by the petitioner, comes to Rs.34,050/-. The petitioner has
claimed not only this amount, but also interest at the rate of 18%
with quarterly rests and compensation of Rs.30,000/-.
4] Now, as submitted by Shri Sambre, learned counsel for
respondent Nos. 1 to 4, this amount of Rs. 34,050/- has already been
deposited in the account of the petitioner together with interest of
Rs.4,044/-. Therefore, he submits that now this petition can be
disposed of as having been worked out.
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5] Learned counsel for the petitioner has no objection for
disposing of the petition, but he submits that the same be done after
granting some compensation to the petitioner for delayed payment.
He submits that the interest of course has been paid to the petitioner
at the rate of 12% per annum, but he is of the opinion that since
there has been delay in making the payment of the dues to which the
petitioner was entitled to, some compensation must be provided to
the petitioner in the interest of justice.
6] Considering the fact that though the entire amount due
and payable to the petitioner ought to have been paid under the
Defined Contribution Pension Scheme by the respondents and as a
matter of course and without the petitioner asking for it, this has not
been done by the respondents and the respondents have caused great
delay in performing the statutory obligation, we are of the view that
reasonable compensation must be paid by the respondents jointly and
severally to the petitioner and in our considered view, this amount
would be of Rs.5,000/-.
7] Accordingly, we direct the respondents to pay jointly and
severally the compensation of Rs.5,000/- to the petitioner within
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period of six months from the date of the order. The petition is
disposed of accordingly.
8] Rule in above terms. No costs.
JUDGE JUDGE
Rvjalit
