Bombay High Court
RAJU DANIEL SHINDEversusTHE STATE OF MAHRASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court held that the respondents must pay the appropriate statutory interest on the pension arrears, and with that direction both proceedings stand disposed.
Summary
The petitioner, a retired teacher, filed a writ petition seeking the grant and disbursement of his pension and retirement benefits, including consideration of part‑time service, and also filed a contempt petition alleging non‑compliance with a prior court order. The respondents, representing the State of Maharashtra and various education authorities, subsequently rectified the pension issue and the petitioner received an intimation that his pension would be payable. The court noted that the substantive pension matter was resolved and the only remaining question was the payment of statutory interest on the pension arrears. It directed the respondents to calculate and deposit the appropriate statutory interest within two weeks, leaving the parties' contentions on interest open. Both the writ and contempt proceedings were consequently disposed of without any costs awarded.
Issues considered
- What is the appropriate quantum of statutory interest payable on pension arrears?
- Whether the respondents complied with the earlier order directing grant of pension and retirement benefits?
Subjects
- pension
- retirement benefits
- statutory interest
- writ of mandamus
- contempt petition
- high court
- service calculation
Judgment
906&907_WP_859_2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
906 WRIT PETITION NO.859 OF 2026
Raju Daniel Shinde
Aged 60 years, Occu: Retired Teacher,
R/o. Kedgaon, Dist. Ahmednagar ...Petitioner
Versus
1] The State of Maharashtra
2] The Accountant General,
State of Maharashtra, Mumbai,
Having Office at Pratishta Bhavan,
101, M.K. Marg, Churchgate, Mumbai, 20.
3] The Deputy Director,
Pune Region Pune
4] The Education Officer,
[Secondary], Zilla Parishad Pune
5] The Chairman,
Rayat Shikshan Sanstha, Satara.
6] The Principal,
Akuutai Kalyani Girls,
Junior College, Hadapsar, Pune ...Respondents
907 CONTEMPT PETITION NO.361 OF 2025
Raju Daniel Shinde
Aged 62 years, Occu: Retired Teacher,
R/o. Kedgaon, Dist. Ahilyanagar ...Petitioner
Versus
1] Rajendra Ahire
(At relevant time Deputy Director of
Education Pune region Pune)
At present Deputy Director of Education
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Prasad
906&907_WP_859_2026.DOC
2] The State of Maharashtra
3] The Accountant General,
State of Maharashtra, Mumbai,
Having Office at Pratishta Bhavan,
101, M.K. Marg, Churchgate, Mumbai, 20.
4] The Deputy Director,
Pune Region Pune ...Respondents
_______
Mr. Satyajeet Anil Rajeshirke, for Petitioner.
Mr. P.P. Kakde, Addl. GP a/w M.P. Thakur, AGP for Respondent - State.
_______
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 18th AUGUST 2026
P.C.
1. These are two proceedings filed by the Petitioner. Contempt Petition
No.361 of 2025 is filed alleging non-compliance of order dated 03.07.2024 passed
by a Division Bench of this Court and the Writ Petition filed for the following
substantive reliefs:
“a] This Hon'ble Court may after considering legality validity and proprietary of the
order dated 17/10/2024 issued by Respondent No. 3 be pleased to quash and set
aside the same.
b] This Hon'ble Court may be pleased to issue Writ of Mandamus or any other
appropriate Writ or direction thereby directing the Respondent No. 1 to 3 to grant
and disburse Pension and other retirement benefits to the Petitioner by considering
initial appointment of the Petitioner from 31/08/2002.
c] This Hon'ble Court may be pleased to issue Writ of Mandamus or any other
appropriate Writ or direction thereby directs Respondent No. 1 to 4 to consider and
sanction Pension by considering total service for Pension by adding half of the part
time services rendered.
d] Pending hearing and final disposal of this Writ petition this Hon’ble Court may
be pleased to direct Respondent No.3 to meantime grant provisional Pension to the
Petitioner within two weeks as Full Time Teacher.”
e] Such other and further orders as this Hon’ble Court may deem fit and proper be
passed.”
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Prasad
906&907_WP_859_2026.DOC
2. As fairly stated at the Bar, in the backdrop of the earlier orders, the
Respondents have taken appropriate position, and they have rectified the issues
and now pension is made payable to the Petitioner and to that effect intimation is
received by the Petitioner from the Accountant General’s office. This is also
accepted by Ms. Thakur, learned AGP.
3. In this view of the matter, further adjudication of the Petition would not be
called for. Only question is of the interest on the arrears of pension which would
become payable to the Petitioner.
4. We direct the Respondents to pay to the Petitioner appropriate statutory
interest on the arrears of pension which have become payable. Let the amount be
deposited with the Petitioner within a period of two weeks from today.
5. We have left it to the authority to grant the statutory interest without
delving on any contentions of the parties in that regard. All contentions of the
parties in that regard are expressly kept open.
6. Both the proceedings stand disposed of in the aforesaid terms. No costs.
(DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.)
PRASAD
RAJENDRASING
RAJPUT
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Digitally signed by
PRASAD Prasad
RAJENDRASING
RAJPUT
Date: 2026.08.24
13:39:35 +0530
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