1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7434 OF 2008 Shehnaz Begum w/o. Nias Mohammed Age 58 years, Occ. Nil, R/o. Block No.13, Model Housing Society, Delhi Gate, Aurangabad. .. petitioners Versus 1] The State of Maharashtra 2] The Education Officer (Secondary) Zilla Parishad, Aurangabad. 3] The Deputy Director of Education, Aurangabad Region, Aurangabad. 4] Saint Franscis Dasles Education Society, Jalna Road, Aurangabad. 5] The Head Master, Saint Frncis Dasles High School, Jalna Road, Aurangabad. .. Respondents. --- Mr. S.B. Talekar, Advocate for the petitioner Mr. B.A. Darak, Advocate for respondent No.4 and 5 Mr. B.V. Wagh, AGP for the respondent Nos. 1 to 3. CORAM : B.R. GAVAI & N.D.DESHPANDE,JJ. DATE : 26th August, 2009. 2 ORAL ORDER :- 1] Rule. Rule made returnable forthwith. 2] The limited prayer sought by the petitioner in this petition is that the pension papers of the petitioner be submitted by the respondent Nos. 4 and 5 to the competent authorities, so that the pensionary benefits may be made available to her. 3] The petition is resisted by the respondent Nos. 4 and 5 on the ground that certain litigation is pending in this court and before the Civil Judge, Senior Division, Aurangabad, with respect to certain matters. Undisputedly, the appeal filed by the present petitioner, challenging her termination has been allowed by the learned Tribunal vide order dated 20th July, 2007. The petition challenging the said order though has been admitted by this court, there is no stay to the order passed by the learned Tribunal. It is also not in dispute that subsequent to the order passed by the learned Tribunal, the petitioner was reinstated and now she has superannuated on 30th June, 2008. 4] It is also to be noted that the Education Officer, vide communication dated 21st February, 2008 has also directed the respondent Nos. 4 and 5 to submit the pension papers of the petitioner. In that view of the matter, we find that the action of the respondent Nos. 4 and 5, in not submitting the pension papers of the petitioner is not sustainable in law. 3 5] The respondent Nos.4 and 5 are, therefore, directed to submit the pension papers of the petitioner within four weeks from today. On receipt of the papers, the respondent Nos. 2 and 3, authorities shall take necessary action for making the pensionary benefits available to the petitioner within two months from the receipt of the proposal from the respondent Nos. 4 and 5. Rule made absolute in above terms with no orders as to costs. [N.D. DESHPANDE, J.] [B.R. GAVAI,J.] Grt/-