1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 30 WP/6574/2010 (SHIVAJIRAO NARAYAN DESHMUKH vs. THE STATE OF MAHARASHTRA AND ANR ) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.S.Deshmukh, Adv., for the petitioner. Mrs. A.V.Gondhalekar, AGP for respondent State. ... CORAM:B.R.GAVAI AND K.U.CHANDIWAL, JJ. DATE: 21/9/2010 ... 1. By way of present petition, the petitioner is praying for a direction to release the gratuity amount. The departmental proceedings were initiated against the petitioner on the charge of certain irregularities in purchase of certain saplings. For the same charge, criminal proceedings are also pending. Subsequently, the Departmental poceedings have been dropped. In so far as criminal proceedings are concerned, the same are stayed by this Court. Shri S.S.Deshmukh, 2 learned Counsel, submits that since the Departmental proceedings are dropped, there is no reason as to why gratuity should be withheld. 2. Smt. A.V.Gondhalekar, learned A.G.P., relying on Rule 130 (1) (c) of Maharashtra Civil Services (Pension) Rules, 1982 submits that, unless the Departmental or the court proceedings are finalized, the gratuity cannot be paid. She makes a categorical statement that except gratuity, all the dues have been paid to the petitioner. 3. In view of Rule 130 (1) (c), we are not in a position to issue direction as sought for. We accept the statement made on behalf of respondent that all the dues, except gratuity, have been paid. It is further clarified that if the said dues are not paid, the respondent authorities shall clear the same, except gratuity. 3 The petition is disposed of with above directions. (K.U.CHANDIWAL) ( B.R.GAVAI) JUDGE JUDGE ... AGP/6574-10wp