1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 617 OF 2011 (Khushalrao R. Kakade vs. The President, Lokshikshan Sanstha & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & A.P. BHANGALE, JJ. OCTOBER 10, 2011. Heard Shri Kaslikar, learned counsel for the petitioner, Shri Patil, learned counsel for respondents No. 1 & 2 and Shri Kankale, learned AGP for respondent No. 3. The petitioner has retired on superannuation on 30th June 2010. His pension has not been released so far. Shri Patil, learned counsel states that because of communication dated 21.08.2010 sent by Respondent No. 3 – Education Officer, his pension papers could not be submitted. The learned AGP points out that because of recoveries still to be effected, as issuance of No due certificate was not possible, pension cannot be released. We have perused the communication dated 21.08.2010 sent by the Education Officer. In that communication, the Education Officer has mentioned that at the end of the year 2006-07, the petitioner has 2 received an amount of Rs.2,36,118/- in excess and after giving the petitioner an opportunity, recovery has been started. It appears that as on 30.06.2010, an amount of Rs.94,246/- was still outstanding and recoverable. In this situation, the Education Officer cannot and could not have directed the employer not to release pension or other terminal benefits. The recovery in accordance with law can be made but it does not mean that the petitioner is not entitled to pension or other retiral benefits. Hence, without concluding the controversy regarding total amount still to be recoverable, we direct Respondents No. 1 & 2 to prepare appropriate pension case of the petitioner showing therein the amount outstanding and forward to Respondent No. 3 – Education Officer within a period of six weeks from today. After said proposal is received, Respondent No. 3 shall hear the petitioner and pass appropriate orders in the matter in accordance with law within a further period of six weeks. With these directions, we dispose of the petition. However, there shall be no order as to costs. JUDGE JUDGE *GS.