NILKANTHRAO MUKUTRAO DESHMUKH Vs. SHIVAJI EDUCATION SOCIETY

JUDGEMENT

(1.) Since the issue involved in this second appeal is an extremely short one, the second appeal is hereby admitted and also taken up for final hearing with the consent of the learned counsel for the parties.

(2.) The substantial question which arises for consideration in this second appeal is, .Whether the interest paid to the plaintiff on the due amount of pension with effect from 1/1/1993 till the date of filing of the suit i.e. 15/1/1996 is grossly inadequate and the rate needs to be enhanced .

(3.) Few facts giving rise to the present second appeal and to the substantial question of law stated herein above, are stated thus- The appellant is the original plaintiff who served as a Supervisor in the School run by the respondent no.1-Society. In view of the scheme for voluntary retirement, the plaintiff/appellant opted for voluntary retirement and the request of the plaintiff was accepted by the defendant no.1-Society with effect from 31/3/1992. The plaintiff stood retired on 31/3/1992. Immediately after being voluntarily retired, the plaintiff submitted all the relevant papers for seeking the retiral benefits. The respondent no.2- School informed the plaintiff that all the concerned papers were forwarded to the Society. Since no pensionary and other retiral benefits were paid to the plaintiff for quite some time, the plaintiff filed a suit seeking the pensionary benefits on 15/1/1996. The plaintiff claimed all the pensionary and other retiral benefits along with interest @ 21% per annum.