1 WPNo.7034.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7034 OF 2010 Shri J.B.Jadhav & ors. ... Petitioners v/s State of Maharashtra & ors. ... Respondents Mr.S.S.Patwardhan for the petitioners. Ms.S.S.Bhende, A.G.P. For Resp. Nos.1 and 2. Mr.R.S.Khadapkar for respondent No.3. CORAM: A.M.KHANWILKAR & R. Y. GANOO, JJ. DATED: 8TH AUGUST, 2011 P.C.: 1. Rule. Rule made returnable forthwith by consent of the parties. 2. Heard counsel for the parties. 3. This petition essentially takes exception to the conditions specified in communication dated 3.6.2010 issued under the signature of Education Director (Higher Education) 2 WPNo.7034.10 Maharashtra State, Pune, addressed to the Vice Chancellor of Shivaji University, Kolhapur. 4. The fact that the petitioners are entitled to three advance increments is not in dispute. It is also not in dispute that the High Court Bench at Nagpur has already answered this controversy as back as on 2.8.2002 in Writ Petition No. 1612 of 1991. That decision of the High Court has been confirmed by the Apex Court in Special Leave to Appeal (Civil) No.CC7222 of 2003 on 29.8.2003. The only issue is about the payment of interest on the arrears to be received by the respective petitioners. The impugned communication limits the liability of interest only till the date of superannuation of the concerned petitioner. We fail to understand as to how the said condition can be sustained in law. The amount receivable by the petitioners is towards the three advance increments which the petitioners were entitled to receive since 1.1.1986. In any case, after the dismissal of S.L.P. preferred by the State, by the Apex Court, the issue was beyond any pale of doubt. That happened on 29.8.2003 as a result of which all the petitioners were entitled for interest on the arrears towards three advance increments on similar terms as was paid to other employees. The other employees have already been paid interest for the relevant 3 WPNo.7034.10 period until the arrears amount was actually paid to them. The petitioners are entitled to receive the interest for the relevant period until the arrears is paid to them and it cannot be limited to the date of attaining the superannuation as has been observed in the impugned communication dated 3.6.2010. To that extent, the condition specified in the impugned communication, same is hereby set aside and instead we direct the respondents to immediately take steps to pay the arrears, if any, to each of the petitioners along with interest thereon as paid to other employees until the amount is actually realized by each of the petitioners. This be done within three months from today. 5. Writ petition disposed of accordingly. ( R. Y. GANOO, J. ) (A.M.KHANWILKAR, J.) 4 WPNo.7034.10