1 CAW 1893 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1893 OF 2010 IN WRIT PETITION NO.1759 of 2004 S.G.Kanitkar and Ors. ..... Applicants V/s. The State of Maharashtra and Ors. ..... Respondents Mr.S.G.Deshmukh, for the applicants. Mr.V.S.Gokhale, AGP, for the respondent State. Mr.V.Gaikwad i/by Mr.A.M.Kulkarni, for respondent No.6. CORAM :P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : 17TH AUGUST, 2010 P.C. 1. It is pointed out that the applicant Nos.23 and 24 have already retired after completing the age of 60 years. The grievance of the petitioners in the above petition is regarding the age of superannuation, which according to the petitioners is 60 years and not 58 years. As per the averments made in the above civil application, the applicant Nos.23 and 24 have already crossed 60 years of age. It is the further grievance of the applicants that they have not been given the retiral or terminal benefits such as gratuity, commutation of pension etc. 2. In our view, there is no reason as to why all the terminal benefits on the basis of completion of 58 years of age should not be given 2 CAW 1893 of 2010 to the said applicants. In case, if any terminal benefits are yet remaining to be paid to the said applicants, the respondents shall pay the same taking into consideration the fact that they should be treated to have retired at the age of 58 years and whatever remaining amount is required to be paid towards the terminal benefits should be paid to the said applicant Nos.23 and 24 within a period of four weeks from today. It is clarified that this order is passed without prejudice to the rights and contentions of both the sides and to get the additional benefits, in case the petition is allowed and if a view is taken that the age of retirement should be 58 years. 3. Civil application is partly allowed only to the aforesaid extent. ( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )