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2026 DAILYLAW 8352 (BOM)

MUNESHWAR S/O GOVINDAJI BAGMARE v. STATE OF MAHA., THR. SECRETARY, RURAL DEPT. AND WATER CONSERVATION DEPT., MUMBAI AND ORS

WP/1111/2026 · 2026-09-15

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Judgment text

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Order wp 1111.2026.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 1111 of 2026 [Muneshwar S/o Govindaji Bagmare vs. State of Maharashtra, through its Secretary, Rural Development and Water Conservation Department and ors.] --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders. --------------------------------------------------------------------------------------------------------------------------------- Mr. N. D. Thombre, Advocate for the petitioner Mrs. K. H. Bhondge, AGP for the State/respondent no. 1 Mr. D. V. Mahajan, Advocate for respondent nos. 2 and 3 CORAM : ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ. DATE : 15-09-2026. On 24-8-2026, following order was passed. “Heard. Though vide order dated 23-7-2026, we had, in a way, clarified that the interest, if payable, should be paid for delayed payment, respondent no. 2 – Zilla Parishad, Gadchiroli has filed the reply which only indicates that for want of funds, the interest has been not paid. The interest is payable to the petitioner in terms of the provisions of law, particularly, Rule 129-A and 129-B of the Maharashtra Civil Services (Pension) Rules, 1982 (for short ‘the Rules of 1982’). Despite such a provision, the plea of scarcity of funds is put forth, which is known to the respondent to be untenable. We would like to remind the respondents that vide order dated 23-7-2026, we made it clear that if the delay in payment of interest is found to be deliberate, then appropriate action would be taken against the concerned respondents. In the circumstances, the respondent no. 2 will revisit the ground of scarcity of funds to pay interest to the 2026:BHC-NAG:12199-DB Order wp 1111.2026.odt 2 petitioner in terms of provisions of the Rules of 1982. Respondent no. 2 shall place on record the steps taken to generate funds for payment of interest to the petitioner. Mere putting up a plea of scarcity of funds is not sufficient and in any case, such a plea is not admissible. We will expect corrective steps within two weeks from today. Stand over to 15-9-2026 for further consideration. Copy of order shall be served upon respondent no. 1 – Secretary for Rural Development Department for necessary action.” 2. In response, learned counsel for respondent nos. 2 and 3, on instructions, makes a statement that the amount due and payable to the petitioner will be paid to him within three working days. The statement is accepted. 3. Learned Assistant Government Pleader submits that necessary action has been initiated in terms of the observations of this Court in order dated 24-8-2026. 4. The petitioner is satisfied with these developments. The petition is accordingly disposed of. (JUDGE) (JUDGE) wasnik Signed by: Mr. A. Y. Wasnik Designation: PS To Honourable Judge Date: 15/09/2026 17:24:27