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Bombay High Court

SHUBHANGI BHALCHANDRA GADGILversusCENTRAL HINDU MILITARY EDUCATION SOCIETY THROUGH ITS GENERAL SECRETARY AND ORS.

Decided
Disposal
Disposed Off

Holding

The petition is partly allowed: interest at 10% is awarded on the gratuity amount, while the claim for interest on pension is dismissed.

Summary

The petitioner, a retired lecturer, sought a writ of mandamus directing the State and the college to release her retirement dues, including gratuity, pension and interest at 18% from July 2013. The college had already paid arrears of the 6th Pay Commission and a small interest amount, but the State withheld gratuity and pension until April 2016, citing objections that were later ignored. The petitioner waived any claim for interest on the pension, opting to pursue it against the management, while insisting on interest for the delayed gratuity. The Court examined the objections raised by the Deputy Director and found no substantive basis for the delay, attributing it to the State’s own withholding. Consequently, the Court partially allowed the petition, granting statutory interest of 10% on the gratuity amount from August 2013 to March 2016, and dismissed the claim for interest on pension, leaving the petitioner free to pursue that claim separately.

Issues considered

  • Whether the State is liable to pay interest on delayed gratuity payments to the petitioner.
  • Whether the petitioner is entitled to interest on delayed pension payments from the State.
  • Whether the management can be held responsible for the delay in payment of retirement benefits.
  • Whether a writ of mandamus can be issued to compel the release of retirement dues.

Subjects

  • retirement dues
  • gratuity
  • pension
  • interest
  • writ of mandamus
  • higher education
  • delay in payment
  • 6th Pay Commission
  • statutory interest

Judgment

         Digitally
         signed by
                                                                          4.WP-10054-2014.odt
         TRUPTI
TRUPTI   SADANAND
SADANAND BAMNE
BAMNE    Date:
         2026.01.28
         11:07:01
         +0530




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO.10054 OF 2014

                      1.       Shubhangi Bhalchandra Gadgil
                               aged 60 years, R/o. Banglow No.2,
                               Patil Nest, Anandvalli Shivar,
                               Near Navshya Ganpati Temple,
                               Gangapur Road, Nashik,
                               Dist – Nashik – 422 005                ….Petitioner

                                    Versus

                      1.       Central Hindu Military Education Society
                               Through its General Secretary,
                               Having its office at : Rambhoomi,
                               Bhonsala Bhavan, Dr. Moonje Marg,
                               Nashik – 422 005

                      2.       Bhonsala Military College
                               Through the Principal, Rambhoomi,
                               Bhonsala Bhavan, Dr. Moonje Marg,
                               Nashik – 422 005

                      3.       Joint Director of Higher Education,
                               (Pune Region), Having his office at
                               Dr. Babasaheb Ambedkar Road,
                               Near Sant Mathew Marathi Church,
                               Opp. Red Temple, Pune – 411 001

                      4.       University of Pune
                               Through its Registrar, Having Office
                               at Pune University Campus,
                               Ganeshkhind, Pune – 411 007

                      5.       State of Maharashtra
                               Through the Secretary, Department
                               of Higher Education, Mantralaya,
                               Annexe, Mumbai - 32                    ….Respondents


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                             ----
Mr. Mihir Desai, Senior Advocate i/b. Mr. Sarnath S. Pramod
for the Petitioner.
Mrs. P.N. Diwan, AGP for Respondent Nos.3 and 5- State.
                             ----

                         CORAM : RAVINDRA V. GHUGE
                                          &
                                 ABHAY J. MANTRI, JJ.

                         DATE     : 23rd JANUARY, 2026


ORAL JUDGMENT (PER : RAVINDRA V. GHUGE, J.)

1.          This Petition was admitted on 10.10.2017.


2.          Considering the pleadings and prayers, Respondent

Nos. 1 and 2, appear to be formal parties.



3.          The Petitioner has put forth prayer clauses (a) and

(b), as under :

           “a) For a Writ of Mandamus or writ, order or
           direction in the nature of mandamus or for any
           other appropriate writ, order or direction,
           directing the Respondents No.3 and 5 to
           release the retirement dues of the Petitioner
           including pension and gratuity on the basis of
           her last drawn salary and without insistence of
           any amount towards recovery and with
           interest @18% p.a. from 01/07/2013 and with
           a further direction to Respondents No.1 and 2
           to follow up with the Office of the Joint
           Director to ensure release of these dues at the
           earliest;


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           b) For a Writ of Mandamus or writ, order or
           direction in the nature of mandamus or for any
           other appropriate writ, order or direction,
           directing Respondents No.1 and 2 to pay to the
           Petitioner the arrears of sixth pay commission
           deposited with them;”



4.         The learned Senior Advocate representing the

Petitioner who is present in the Court Hall, submits on

instructions, that the college issued a communication dated

22.04.2016 and released the difference of salary considering

the recommendations of the 6th         Pay Commission for an

amount of Rs. 3,72,801/- by two cheques, both dated

29.03.2016, drawn on Bank of Maharashtra, College Campus

Branch. The details of such payment are at page No. 105. The

learned Senior Advocate for the Petitioner further submits that

the Petitioner has no grievance against the college and

institution, more so for the reason that the interest amount on

arrears of Rs.10,583/-, was paid by the college vide

communication dated 20.10.2014.



5.         In view of the above, prayer clause (b) is worked

out.


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6.          Insofar as prayer clause (a) is concerned, the

Petitioner had sought release of retirement dues, which

included gratuity, pension, and interest at the rate of 18%

from 01.07.2013 till the amounts were actually paid, when

this Petition was filed.


7.          The learned Senior Advocate further submits that

the Petitioner was called upon to tender an undertaking dated

16.03.2016 to the Deputy Director of Higher and Technical

Education stating that she would not claim interest on her

retirement dues. The same is at page No. 95. This is denied by

the State on the ground that the Petitioner herself came

forward and voluntarily decided to acquiesce her claim for

interest and, therefore, interest was not paid.


8.          We find that the Deputy Director of Higher and

Technical Education had raised an objection to the payment of

retirement dues of the Petitioner vide order dated 14.08.2014,

at page No. 67, stating that there were certain discrepancies

with regard to the advertisement issued by the management

while recruiting the Petitioner.



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9.           On facts, we find that the Petitioner joined as a

Part-Time Lecturer in Marathi on 09.07.1991. The University

granted approval vide order dated 16.12.1991 for a period of

six months. A further extension of approval for six months was

granted on 22.04.1992. After an advertisement was published

on 17.06.1992 for filling up the post of Lecturer in Marathi

(Full-Time), the Petitioner appeared for the interview on

02.08.1992 and was appointed as a Full-Time Lecturer on

11.08.1992. The University approved her appointment vide

order dated 17.03.1993 with effect from 11.08.1992.


10.          The Petitioner started receiving the Full-Time

salary scale from 11.08.1994, by order of the management

dated 07.09.1996. She was placed in the Senior Scale after

completing    seven   years   of   service,   with   effect      from

27.07.1998. The management forwarded the proposal for pay

fixation on 28.02.2000, and the Joint Director granted the pay

scale in the pay band of Rs. 8,000-225-13,500 with effect from

01.10.1996. The Petitioner became an Assistant Professor

through the Career Advancement Scheme (CAS) and was

placed in the relevant pay scale on 27.07.2006. The Petitioner



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tendered an option form in accordance with the Government

Resolution of the Higher and Technical Education Department

dated 12.08.2009, thereby electing for the revised pay scale of

the post of Associate Professor with effect from 01.01.2006.


11.        Vide letter dated 25.09.2012, the management of

the Petitioner sought to recover an amount of Rs. 7,50,439/-.

The learned Senior Advocate submits that the said issue has

now been closed by the management. He further submits that

the Petitioner started receiving pension from April 2016 and

that all arrears from 01.07.2013 to March 2016, were paid in

April 2016 without interest.



12.        The learned AGP has strenuously canvassed that

there is no prayer for interest against the State. The additional

affidavit tendered by the Petitioner dated 10.10.2017, more

particularly paragraph 10 thereof, indicates that the Petitioner

has blamed the management for deliberately causing hurdles

in the payment of salary as well as retirement benefits. It is

submitted that the delay caused grave consequences in her life

and that she suffered tremendous mental pressure and torture.

Therefore, no interest is leviable upon the State. She further

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refers to paragraph 11 of the Petitioner’s additional affidavit

and submits that the letter written by the Petitioner to the

Respondent-State indicates that there is no claim against the

Office of the Joint Director. However, she does not waive her

claim of interest against the Respondent-Management. She,

therefore, prays that the Petition be dismissed.



13.         We find that it was the Joint Director of Higher

and Technical Education who listed out objections as grounds

for non-payment of gratuity and retirement benefits, after the

retirement of the Petitioner and after she had put in more than

20 years of service. It is the same office which, three years

down the line, cleared the entire retirement benefits of the

Petitioner along with gratuity, without dealing with the said

objections. Therefore, the question would be as to why did the

said authority block the payment, if those objections were

subsequently ignored.


14.         Having retired on 30.06.2013, the arrears of

pension and gratuity were paid to the Petitioner in April 2016

by the same office. In the impugned order dated 14.08.2014,



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the Deputy Director of Higher Education does not even

whisper that the management which appointed the Petitioner

had not tendered proposals for seeking clearance of

pensionary benefits and gratuity. When this was never an

objection and when the delay was never attributed by the

State to the management, we are unable to accept the

submissions of the learned AGP that the delay in payment was

on account of the management.



15.        Though the learned AGP has relied upon the

pleadings in the additional affidavit, we do not find any

ground, either set out by the State or appearing from the

record before us, to attribute such delay to the management.

On the contrary, the record indicates that the State withheld

the retirement benefits and pension and that the State itself

cleared the entire benefits in April 2016, without a murmur.



16.        After the Petitioner retired on 30.06.2013, it

appears that the pension papers reached Respondent No. 3, as

is indicated from the reference letters of the management

dated 29.11.2013, 25.02.2014, and 05.08.2014 regarding


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clearance of the Petitioner’s benefits. Even thereafter, the State

declined to release the retirement benefits vide impugned

communication dated 14.08.2014.


17.         In view of the above, while considering prayer

clause (a), wherein the Petitioner has specifically claimed

retirement dues including pension and gratuity on the basis of

last drawn salary from Respondent Nos. 3 and 5, the Petitioner

has claimed interest from 01.07.2013.


18.         Since we find that after the State passed the order

dated 14.08.2014 withholding the retirement benefits and

since the State itself cleared the outstanding dues of the

Petitioner in April 2016, we deem it appropriate to grant

statutory interest at the rate of 10% on the gratuity amount

for the period from 01.08.2013 (i.e., 30 days after retirement,

when gratuity becomes payable) till 31.03.2016, as the

gratuity was paid in April 2016.




19.         The learned AGP submits that insofar as the

pension amount is concerned, an additional affidavit dated



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10.10.2017 has been filed by the Petitioner waiving her claim

for interest on the delayed payment of pension from the State,

and      that   the   Petitioner   would      press   the   said      claim

independently against the management. This is in tune with

the undertaking dated 16.03.2016 tendered by her to

Respondent no. 3.


20.             In view of the above, the Writ Petition is partly

allowed to the extent of interest on gratuity, as noted above.

Insofar as the claim for interest on the pension amount is

concerned, since the Petitioner has tendered an affidavit

declaring that she does not seek interest on delayed payment

of pension from the State and intends to press the same

against the management, the Petitioner would be at liberty to

avail of appropriate proceedings in accordance with law.



21.             Rule is made partly absolute in the above terms.




   (ABHAY J.MANTRI, J.)                 (RAVINDRA V. GHUGE, J.)




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