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2008 Supreme(Bom) 1341

ANOOP V.MOHTA, C.L.PANGARKAR
Yuvraj Nathuji Rodye – Appellant
Versus
Chairman, Maharashtra State Electricity Board, Prakashgad – Respondent


Advocates appeared:
Mr. Arun Agrawal, Advocate for the petitioner.
Mr. R. K. Deshpande, Advocate for the respondents.

JUDGMENT (Anoop V. Mohta, J.)

1. The petitioner who was in service of respondent no. 5 has filed the present petition under Article 226 and 227 of the Constitution of India and prayed basically for appropriate order or directions to pay Rs. 3,33,518/- being the penal interest at the rate of 16% per annum on the amount of delayed payment of arrears of pay which were due and payable in the year 1989 but were paid in September-1994. There is no dispute that the Executive Engineer of the concerned respondent by letter dated 18.08.1994 informed the petitioner that they have drawn the pay fixation arrears with effect from 01.08.1975 to 30.11.1993 for 20 years and thereby directed the Accounts Officer of the respondents at Nagpur to make arrangements for the said payment. The petitioner accordingly received the payment. However, through proper channel made representation to grant compensation towards interest including for mental torture for 20 years. There is no dispute about the delayed payment as it was withheld for insufficient reasons. There is no material justification to take such time for fixing arrears of the petitioner. On this undisputed position, we are not inclined to accept t








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