1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 200 OF 2009 Dattatraya Gajanan Mhaskar .. Petitioner. vs. The Vidhya Mandir Prashala and Junior College, Miraj & Ors. .. Respondents. Ms. A.R.S. Baxi for the petitioner. Mr. Abhay L. Patki for Respondent Nos. 1 & 2. Ms. M.P. Thakur, AGP., for respondent no. 5. CORAM : J.N. PATEL & SMT. MRIDULA BHATKAR, JJ. DATE : 25th JUNE, 2009. P.C. : Heard. 2. The petitioner has approached this Court seeking a writ of mandamus against the respondents to act according to the Government Resolution dated 9.9.1988 to grant the benefit of the same to the petitioner and for further directions to grant / disburse the salary of the petitioner during the notice period i.e., 17.11.2007 to 18.2.2008 and award interest after releasing the pension at the rate of 18% per annum. It is the case of the petitioner that he had applied to the 2 respondent management for voluntary retirement as per clause 8 of the Government Resolution dated 9.9.1988. The petitioner gave three months notice on 19.11.2007 and as the respondents did not act on it by virtue of the notice which became effective on 18.2.2008 the petitioner stood retired. 3. It is the contention of the petitioner that in spite of the petitioner having retired, the respondents refused to process his case for pension and other retiral benefits to which he is otherwise entitled having completed more than 24 years of service which is pensionable and, therefore, as per rule 66 of the Maharashtra Civil Services (Pension) Rules, 1982 read with Government G.R., dated 9.9.1988 the petitioner is entitled to the benefit of pension which requires completion of 24 years of service for payment of pension. 4. In response to the petition, the learned counsel for the respondents took instructions from the respondents and the respondents have passed a resolution in a meeting held on 30.5.2009 and a copy of the resolution no. 6 pertains to the case of the petitioner duly authenticated by the President of the Institution is tendered in the Court. The same is taken on record and marked “X” for identification. 5. In view of this, this Court finds that the claim of the petitioner is justified as he is eligible to claim pension and all retiral benefits after submission of his application for voluntary retirement 3 which came in effect from 18.2.2008. 6. We, therefore, direct the respondents to pay salary and all other dues to the petitioner till he stood retired on 18.2.2008 and forward a proposal for pension and all retiral benefits to respondent no. 3 within a period of three weeks so that respondent no. 3 can process the same and take a decision within six months from the date of receipt of the proposal. 7. In so far as the petitioner’s claim for interest is concerned, we find that in the given facts and circumstances, particularly when the respondents have not contested the issue, it will not be proper to award any interest on the amount due and payable to the petitioner till his retirement. We make it clear that if the amount due and payable towards salary and other benefits till 18.2.2008 is not paid within a period of four weeks as aforesaid, the petitioner will be entitled to interest at the rate of 12% per annum. 8. The petition stands disposed of in the aforesaid terms. No order as to costs.. (J.N. PATEL, J.) (SMT. MRIDULA BHATKAR, J.)