1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4155/2008 ( Namdeo Domaji Manohar -: versus :- The State of Maharashtra and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATED : SEPTEMBER 15, 2009. Heard Shri Chandurkar, learned counsel for the petitioner, learned A.G.P. for respondent nos.1 to 3 and Shri N.R. Umathe, learned counsel for the respondent no.4. In response to our earlier order dated 01.09.2009, learned A.G.P. has invited attention to the provisions of Section 129A[5] of the Maharashtra Civil Services (Pension) Rules, 1982 to urge that the petitioner is not entitled to any interest, as the amount of gratuity and pension has been enhanced after his retirement, because of the Government resolution dated 31.07.2004. Shri Chandurkar, learned Counsel is not accepting this position and he states that the petitioner is entitled to claim interest on Rs. 7,21,407/-. Perusal of the affidavit filed on 02.07.2009 in this Court by Dr. Ajit Deshmukh, Joint Director, Higher Education shows that the petitioner is found entitled to amount of Rs. 4,21,567/- on account of arrears of salary and amount of Rs. 2 60,539/- on account of D.C.R.G. and other amounts are paid to him on 28.03.2008. Even if these amounts are deducted from the total amount of Rs. 7,21,407/- as claimed by the petitioner, the petitioner will be entitled to interest on balance amount which roughly works out to Rs.2,50,000/-. As we find the petitioner entitled to interest in terms of Rule 129A of the 1982 Pension Rules, on sum of Rs. 2,50,000/- and as the Accountant General is not party before this Court, we are not in a position to resolve the dispute either way, and we therefore direct the respondent no.3 to work out the exact entitlement of petitioner for this purpose in accordance with the scheme of Rule 129A, as early as possible and in any case by 31.12.2009. The said decision shall be taken after hearing the petitioner. The interest amount to which the petitioner is found entitled, shall be paid to him by 30.04.2010. If the amount is not so paid, the respondents shall pay interest @ 12% on the said amount after 30.04.2010. Acceptance of said amount by the petitioner shall not debar him from challenging the correctness of the calculation made by the Department. Rule accordingly. No cost. JUDGE JUDGE Rgd.