IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.784 OF 2009 Narayan Vasant Chitari ...Petitioner V/s. The Presiding Officer & Ors. ...Respondents ...... Mr.Amit J.Pai for Petitioner. Ms.Sindha Sridharan, A.G.P. for Respondents 1, 3 & 4. Mr.Shaikh Nasir Masih for Respondent No.2. WITH WRIT PETITION NO.667 OF 2009 Kshatrakulotpanna Maratha Samaj (K.M.S.) ...Petitioners V/s. State of Maharashtra & Ors. ...Respondents ...... Mr.Shaikh Nasir Masih for Petitioners. Ms.Smita Gaidhani, A.G.P. for Respondents 1 & 2. Mr.Amit Pai for Respondent No.3 ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. APRIL 29, 2009. APRIL 29, 2009. APRIL 29, 2009. : 2 : P.C. P.C. P.C. 1. Counsel appearing for the private parties have handed in Consent Terms duly signed by the respective Petitioners as well as by Kshatrakulotpanna Maratha Samaj. The same is taken on record and marked ‘X’. However, learned A.G.P. submits that the State has no difficulty if the private parties were to settle the matter in terms of the Consent Terms. However, Condition No.6 of the Consent Terms is not acceptable to the State. In that, the pension claim will have to be processed by the Auditor General. Besides, the pension claim will be on and from 1st October 2006; whereas, the claim for gratuity and provident fund pertains to period prior to 1st October 2006. 2. In the circumstances, Petition is disposed of on the basis of the Consent Terms only to the extent of condition 1 to 5 and 7 to 10 mentioned therein. 3. Insofar as claim for gratuity and : 3 : provident fund is concerned, the same shall be considered by the appropriate authority for the period prior to 1st October 2006. The management shall submit completed pension papers for being processed by the Auditor General within two weeks from today. 4. In addition, it is ordered that the Auditor General shall process the pension claim of the Petitioners in accordance with law and release the pension within a period of twelve weeks thereafter and shall continue to release the regular monthly pension in accordance with law. A.M.KHANWILKAR, J.