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2013 Supreme(Bom) 1621

ANOOP V.MOHTA, Z.A.HAQ
State of Maharashtra, through its Secretary, Home Department – Appellant
Versus
Satyadeo Nandakishore Awashti, Since deceased now by legal Representatives – Respondent


Advocates Appeared:
For the Petitioners:B.P. Maldhure, AGP, Advocate.
For the Respondents:R1 Abhijit L. Deshpande, Advocate.

JUDGMENT

Oral Judgment: (Anoop V. Mohta, J.)

1. The State of Maharashtra, Home Department, challenged order dated 21.7.1999, passed by the Maharashtra Administrative Tribunal (MAT), Nagpur, whereby the MAT allowed the original application in favour of the applicants/legal representatives of Satyadeo Awasthi the deceased employee, by passing the following order.

“Original Application is allowed in the following terms :

The respondents are directed to pay an amount of Rs.41,803/- towards interest from 9.2.93 onwards with interest at the rate of 12 per cent per annum on this amount of Rs.41,803/- from 9.2.93 till payment is made to the Legal Representatives of the Original Deceased Applicant. The respondents are directed to comply with the said order within a period of three months from the receipt of this order.”

2. There is no serious issue with regard to the fact that the respondent employee was exonerated from the charges. It was the reason for not granting the retirement benefits i.e. pension and gratuity at the relevant time. Once the employee is exonerated, the pensionary benefits and the interest because of delay on the amount so not paid, in our view, just cannot be denied, be







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