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2025 DAILYLAW 10022 (BOM)

SUREKHA SHISHIR SANE v. THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

WP/2266/2024 · 2025-06-16

Shri Neeraj P Dhote, Shri R G Avachat

body2025

Judgment text

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42-WP-2266-2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 42 WRIT PETITION NO. 2266 OF 2024 Surekha Shishir Sane ….Petitioner VERSUS The State of Maharashtra Through Secretary and others …..Respondent ….. Mr. D. B. Pawar, Advocate for the Petitioner Mr. P. K. Lakhotiya, AGP for the Respondents – State Mr. Amit S. Deshpande, Advocate for Respondent Nos.4 and 5 ….. CORAM : R. G. AVACHAT & NEERAJ P. DHOTE, JJ. DATE : 16.06.2025 PER COURT : 1. The Petitioner has fied this Writ Petition with the foiiowing prayers : “A] This writ Petition may kindiy be aiiowed. B] To issue writ of mandamus or any other appropriate writ, to direct the respondent No.4 & 5 to caicuiate the interest on the deiayed payment of gratuity, provident fund and pensionary benefts and disburse to her within 4 weeks time frame. C] To respondent No.4 may kindiy be direct to consider pending representation dated 02.08.2023 (Exhibit – C herewith) and disburse the interest on deiayed payment to the petitioner. D] Any other suitabie and equitabie reiief may kindiy be granted in favour of the petitioner.” 2. The iearned Advocate for the Petitioner submits that, Respondent Nos.4 and 5 have now caicuiated the amount towards interest on the deiayed payment of gratuity, provident fund and pensionary benefts. He submits that, the said amount caicuiated by Respondent Nos.4 and 5 is not acceptabie to the Petitioner. 1 2025:BHC-AUG:15129-DB 42-WP-2266-2024.odt However, the Petitioner wiii receive the said amount of interest on deiayed payment under protest and she wiii fie an appropriate representation before Respondent Nos.4 and 5 and directions may be given to consider and decide the same in accordance with iaw. 3. The iearned AGP appears for Respondent Nos.1 to 3. 4. The iearned Advocate appearing for Respondent Nos.4 and 5 submits that, the amount quantifed by Respondent Nos.4 and 5 wouid be given / reiease in favour of the Petitioner. He submits that, if the Petitioner makes a representation, the same wiii be considered and decided on its own merits. 5. In the backdrop of the above, the Writ Petition can be disposed off with a direction to Respondent Nos.4 and 5. If the Petitioner makes a representation to Respondent Nos.4 and 5 in respect of quantum of interest towards the said deiayed payment, the same shaii be considered and decided on its own merits, in accordance with iaw within a period of four [4] weeks after its receipt. 6. Writ Petition stands disposed off accordingiy. [NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] Sameer/June-2025 2