Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 75526 (BOM)

ANITA MILAN BHISE v. GENERAL EDUCATION INSTITUTE'S MAHILA MAHAVIDYALAYA AND ORS.

WP/1745/2010 · 2025-11-14

Shri Ashwin D Bhobe, Shri Ravindra V Ghuge

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

909-WP-1745-2010.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1745 OF 2010 Mrs. Anita Milan Bhise ...Petitioner Versus General Education Institute's Mahila Mahavidyalaya Through its Principal And Ors. ...Respondents __________ Mr. Milan Bhise i/b Amit & Co., Advocate for the Petitioner. Mr. P. P. Kakade, Addl.G.P. a/w Ms. Nisha Mehra, AGP for the State/Respondent. Mr. Mandar Limaye a/w Mr. Vedant Bonde, Advocate for Respondent No. 2. Mr. Rui Rodrigues, Advocate for Respondent No. 3. __________ CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ. DATE : 14th NOVEMBER, 2025. P.C. : 1. We have perused the earlier orders passed by this Court on various occasions in 2010 and 2011. Pursuant to the orders, the following amounts were paid on the date of retirement of the Petitioner, i.e. 30th November 2007, towards her retirement dues :- Date of Payment Nature of Dues Amount in Rs. Period of Delay 30.07.2010 Gratuity (part payment) 3,01,793/- 2 years & 8 months 28.01.2011 Gratuity (remaining amount) 1,98,207/- 3 years & 2 months 29.09.2010 Arrears of Pension (part amount) 4,84,271/- 2 years & 9 months 01.03.2011 Arrears of Pension (remaining amount) 2,53,618/- 3 years & 3 months Gitalaxmi 909-WP-1745-2010.odt 2. In view of the above, the only issue that needs consideration is as regards the quantum of interest to be paid to the Petitioner since, admittedly, there was a delay of around 3 to 4 years in making the payments. Needless to state, gratuity amount would attract statutory interest at the rate of 10% per annum for the period of delay. 3. In view of the above, we do not find anything more that needs to be considered in this Petition. This Petition is partly allowed only to the extent of directing the State Government to calculate the simple interest component at the rate of 6% per annum, for the delay until the payment was made, to be paid to the Petitioner on the delayed payments, save and except the payment of gratuity amount for which the statutory interest would be calculated at the rate of 10% per annum. 4. The amount of all these interest components shall be paid to the Petitioner by the State Government within 60 days from today, failing which, the Petitioner would be entitled to claim interest on the interest component, which was to be paid in 2011, until 2025. 5. Rule is accordingly made partly absolute, in the above terms. [ASHWIN D. BHOBE, J.] [RAVINDRA V. GHUGE, J.] Gitalaxmi GITALAXMI KRISHNA KOTAWADEKAR Digitally signed by GITALAXMI KRISHNA KOTAWADEKAR Date: 2025.11.19 12:49:31 +0530