1 163810 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1638 OF 2010 IN WRIT PETITION NO. 62 OF 2009 Chandrakant @ Chandrarao Dhanawade & Ors. ...Applicants V/s. Satara Maratha Vidya Prasarak Samaj ...Respondent Mr. V.V. Salunke i/by Mr. P.B. Shah for the Applicants Mr. Vyankatesh Shastri with Mr. M.S. Athalye for the Petitioner Mr. C.R. Sonawane, A.G.P., for the Sate. CORAM: A.M. KHANWILKAR AND MRS.MRIDULA BHATKAR, JJ. DATE: 9TH MARCH, 2011 P.C.:- Heard the counsel for the parties. 2. The Management has filed writ petition before this Court, challenging the order passed by the Regional Joint Director (Higher Education), Kolhapur, to treat the date of birth of the applicant- respondent No.5 in the writ petition as 3rd October, 1953, instead of 2 163810 1st June, 1950. The effect of this order is that respondent No.5 / applicant would continue to remain in service, and the date of his superannuation would be 31st October, 2011. The petitioner-Management has approached this Court by way of Writ Petition No. 62 of 2009, challenging the said direction, in which Rule has been issued on 26th November, 2009, and the order passed by the Regional Joint Director (Higher Education) has been stayed. In view of the said interim order, it necessarily follows that the applicant / original respondent No. 5 will have to be treated as already superannuated on 31st May, 2008. Even if original respondent No. 5 / applicant herein eventually succeeds in the Writ Petition, the date of superannuation would be 31st October, 2011. The Management is obliged to process the pension papers and grant all retiral benefits to the applicant / original respondent No.5, irrespective of the outcome of the writ petition, for the time being, on the assumption that the applicant / respondent No.5 has superannuated on 31st May, 2008. 3. The counsel for the Management, however, submits that the writ petition be placed for hearing, instead of issuing any interim direction of this nature. We fail to understand as to what prejudice would be caused to the Management, if the applicant has volunteered to 3 163810 apply for giving him retiral benefits on the basis that he has superannuated on 31st May, 2008, which would be without prejudice to his rights and contentions in the pending petition. In the circumstances, if the petitioner were to retire on 31st October, 2011 and the order passed by the Regional Joint Director (Higher Education), Kolhapur, were to be affirmed, the applicant / original respondent No. 5 would be entitled for further retiral benefits and other consequential amount in accordance with law. In that case, at best, the applicant / original respondent No. 5 would be entitled for some additional retiral benefits. The fact remains that the retiral benefits as agreed to by the applicant / original respondent No.5 on the assumption that he has already retired on 31st May, 2008, cannot be protracted by the Management. The Management is obliged to take all necessary steps as are required to process the proposal of the applicant / original respondent No. 5 on that basis, and, as aforesaid, subject to the outcome of the present writ petition. 4. In the circumstances, the application is disposed of, with direction to the writ petitioner / Management to forthwith process the proposal of the applicant / original respondent No. 5 to grant him retiral benefits on the assumption that he has already retired on 31st May, 2008, which claim of the applicant / original respondent No. 5 will be without 4 163810 prejudice to the rights and contentions of the parties in the pending writ petition. The applicant / original respondent No. 5 will be free to submit representation in this behalf to the petitioner / Management; and, on receipt of such representation, the petitioner / Management shall forthwith process the proposal of the applicant / original respondent No.5 to grant him retiral benefits as expeditiously as possible; and, in any case, not later than four weeks from the receipt thereof. The writ petitioner / Management shall forward the said proposal to the appropriate Authority within the specified time. The appropriate Authority would then process the proposal expeditiously and in any case, not later than eight weeks from the date of receipt of the proposal. 5. Application disposed of accordingly. MRS.MRIDULA BHATKAR, J. A.M. KHANWILKAR, J.