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Bombay High Court

Ramesh Mahadev Thaware vs Zilla Parishad, Through Chief ... on 18 December, 2025

Author: Mukulika Shrikant Jawalkar

Bench: Mukulika Shrikant Jawalkar

2025:BHC-NAG:14518-DB



                                                    1                                    926 wp1933.19.odt


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      : NAGPUR BENCH : NAGPUR.

                                     WRIT PETITION NO. 1933 OF 2019
                                       RAMESH MAHADEV THAWARE
                                                 VERSUS
                          ZILLA PARISHAD, YAVATMAL, THRU. ITS C.E.O. AND OTHERS
         -------------------------------------------------------------------------------------------------------
         Office Notes, Office Memoranda of Coram,                               Court's or Judge's Order
         appearances, Court's Orders or directions and
         Registrar's order
         -------------------------------------------------------------------------------------------------------
                                  Mr. S. I. Khan, Advocate for the petitioner
                                  Mr. R. D. Bhuibhar, Advocate for respondent nos.1 and 2.

                                           CORAM : SMT. M. S. JAWALKAR and
                                                   M. W. CHANDWANI, JJ.

DATE : DECEMBER 18, 2025.

1. Heard Mr. S.I. Khan, learned counsel appearing for the petitioner and Mr. R. D. Bhuibhar, learned counsel appearing for respondent nos.1 and 2.

2. The petition was filed seeking direction to the respondents to pay T.B. leave salary as well as the salary towards compulsary waiting period in case of T.B. Patient.

3. During pendency of the petition, the petitioner has been superannuated and it is a common ground that apart from payment of Provident Fund and Gratuaty, the Department after conducting enquiry has paid all the dues towards T.B. leave salary and the salary for compulsory waiting period. The contention is that these dues were paid to the petitioner after considerable delay and therefore, he is entitled to interest for the delayed period.

4. There is no dispute that there was delay in making payment of the dues to the petitioner. Therefore, we find 2 926 wp1933.19.odt that the petitioner is entitled for interest on the amount for the delayed period.

5. Accordingly, we direct respondent - Zilla Parishad, Yavatmal to pay interest on the amount of gratuity for the delayed period as per Rule 129A of the Maharashtra Civil Services (Pension) Rules, 1982. So far as delay in making payment of salary for T.B. leave and compulsary waiting period apart from the payment towards Provident Fund, the respondent - Zilla Parishad is directed to pay interest @ 9% per annum for the delayed period.

6. With the aforesaid directions, the writ petition stands disposed of.

7. The civil applications, if any, also stand disposed of.

(M.W.CHANDWANI, J.) (SMT. M.S.JAWALKAR, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 18/12/2025 19:17:43