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2026 DAILYLAW 8956 (BOM)

JASODADEVI CHHAGANLAL BHUTADA v. THE STATE OF MAHARASHTRA, THR. PRINCIPAL SEC.DEPT. OF HIGHER EDUCATION AND ORS.

WP/6448/2026 · 2026-09-15

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Judgment text

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1/2 37-WP-6448-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR. WRIT PETITION NO. 6448 OF 2026 JASODADEVI CHHAGANLAL BHUTADA VS THE STATE OF MAHARASHTRA, THR. PRINCIPAL SEC. DEPT. OF HIGHER EDUCATION AND ORS. - -- - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. D. Lakhe, Advocate for petitioner. Shri V. A. Thakare, Assistant Government Pleader for respondent Nos.1 to 4. CORAM : BHARATI DANGRE & URMILA JOSHI-PHALKE, JJ. DATED : September 15, 2026 The widow of late Chhaganlal Sitaram Bhutada is before us in the year 2026 seeking interest on arrears of pension which were received by her husband during his life time on 10/05/2018 that too after he approached this Court and the Division Bench of this Court by order dated 27/09/2017 directed the arrears of pension to be released pursuant to the fixation being done. The husband of the petitioner demised on 13/12/2020. Thereafter from the pleadings in the petition, it appears that the petitioner preferred certain representations in the year 2025 seeking interest on said payment at the rate of 12% and since this benefit was not granted, the petitioner has approached this Court. 2. We have heard learned counsel for the petitioner and perused pleadings in the petition. Though the counsel for the petitioner would vehemently assert that in the petition which was filed by her late husband being Writ Petition No.5054/2017, a relief was sought to release the arrears of pension along with interest at the rate of 12% p.a. upon the accumulated sum within a stipulated period of time. However, we find that when the 2026:BHC-NAG:12412-DB 2/2 37-WP-6448-26.odt said writ petition was decided by this Court on 27/09/2017, what was kept into service was the payment of arrears of pension and the Court recorded the statement that on complete verification of the documents which will be presented, suitable order will be passed. 3. Upon the amount being released in favour of the late husband in the year 2018, not on a single occasion, he made a grievance about the interest not being paid and it appears that he was facilitated with the arrears of pension being paid and received. Since in the year 2025, for the first time by making a representation the relief is sought. 4. In our view, we can only sympathize with her, we refrain ourselves from exercising extraordinary writ jurisdiction as we find that the husband of the petitioner had no grievance about interest not being paid on the arrears of pension and a grievance is made after his demise, for the first time by representation in the year 2025. We are informed that the petitioner widow is presently enjoying the benefit of family pension flowing from the death of her husband. Since the petition suffers from delay and laches and since the cause as on today does not survive, to agitate the grievance about payment of interest, the same is dismissed. No order as to costs. ( Urmila Joshi-Phalke, J.) (Bharati Dangre, J.) Asmita Signed by: Smt. Asmita A. Bhandakkar Designation: PS To Honourable Judge Date: 17/09/2026 19:29:58