CAW/1599/2010 : 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1599 OF 2010 IN WRIT PETITION NO.1021 OF 2009 Pandurang Babanrao Tarlekar .. Applicant V/s. The Secretary, Hanuman Shikshan Prasarak Mandal, Satara & Ors. .. Respondents Mr. A.M. Joshi for the Applicant. Mr. Dhananjay Rananaware for Respondent Nos.1 and 2. Mr. S.D. Rayrikar, AGP, for Respondent No.3. CORAM : SMT. NISHITA MHATRE, J. DATED : 23 RD JULY, 2010. P.C.: 1. The Applicant in the present Civil Application, who is the Petitioner in the Writ Petition, has challenged the order dated 21st October, 2008, passed by the School Tribunal, Kolhapur, in Appeal No.21 of 2005, in the present Writ Petition. 2. The School Tribunal had accepted the contention of the Respondents that the Applicant-Petitioner CAW/1599/2010 : 2 : had voluntarily retired from service w.e.f. 23rd June, 2005. It, therefore, held that the Applicant- Petitioner had failed to prove that he had been illegally terminated from service. 3. The grievance made in the present Civil Application is that the Respondents are not processing the pension papers even on the basis that the Applicant-Petitioner had voluntarily retired from service. 4. The learned Advocate appearing for the Respondents states that the prayers made in the Writ Petition and that in the Civil Application are contrary to each other and, therefore, no relief can be granted in the present Civil Application. 5. In my opinion, even assuming that the Applicant-Petitioner fails in the Writ Petition, he would certainly be entitled to pension on the basis that he has voluntarily retired from service w.e.f. 23rd June, 2005. In these circumstances, the CAW/1599/2010 : 3 : Respondents are directed to process the pension papers of the Applicant-Petitioner on the basis that he had voluntarily retired from service w.e.f. 23rd June, 2005. 6. Any payments made in accordance with this will be without prejudice to the rights and contentions of the parties to the Writ Petition. 7. The pension which would be paid after processing the papers in accordance with this order, accepting the date of retirement of the Applicant-Petitioner as 10th October, 2005, will be the provisional pension. 8. The Respondents shall process the pension papers of the Applicant-Petitioner within a period of eight weeks from today. 9. The Civil Application is disposed of with aforesaid directions.