1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR WRIT PETITION NO.2924 of 2009 (Mrs. Sunita w/o Babulal Jaiswal ..vs.. State of Maharashtra and others) ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Shri S.B. Solat, Counsel for the petitioner, Shri A.S. Fulzele, A.G.P. for respondents. CORAM:- D.B. BHOSALE AND A.P. BHANGALE, JJ. DATED :- 05 th JULY, 2010 Heard learned counsel for the parties. In this writ petition, the petitioner has made the following prayer: “A) direct the respondents to pay Gratuity, G.P. Fund, Insurance Benefits, Pension from 1-2-1982 to 17-3-1999 and Monthly Family Pension from 18-3-1999 till the date and continue it onwards and also pay all other consequential benefits arising out of retirement and death of her husband deceased Babulal Gaurishankar Jaiswal forthwith to the petitioner and further be pleased to;” Respondent No.7 has filed the affidavit dated 02/07/2010 and in paragraphs 5 and 6 thereof, stated thus: “I further say and submit that the answering respondent in compliance with the order passed by this Hon'ble Court on 17.11.2009 my office has immediately process papers for 2 provisional pension and thereafter the provisional pension came to be sanctioned on 11-12-2009. However, as the necessary requirement was not complied with by the petitioner herself the amount could be disbursed to her only on 21-06-2010. 6. I further submit that efforts are being made to reconstruct entire service record on the basis of available record. I further submit that the proposal for pension will be forwarded to the Accountant General-II (Pension Cell), Nagpur immediately. I further assure to complete this process by 31st July, 2010. I further assure this Hon'ble Court that I will pursue matter further with the Accountant General-II (Pension Cell), Nagpur for the expeditious decision by the Accountant General-II(Pension Cell), Nagpur on the family pension case of the petitioner and after sanction by the Accountant General-II (Pension Cell), Nagpur then only petitioner will be entitled to receive family pension and the other benefits.” The Deputy Director of Health Services, Akola is also present in the Court. Keeping that view and having regard to the assurance given on affidavit by respondent No.7, we are disposing of this writ petition by the following order: Respondent No.7 shall comply with the assurance given in paragraph 6 of the reply dated 2/7/2010 within the time mentioned therein and shall communicate their decision to the petitioner within a period of four weeks therefrom. Till then respondent No.7 shall continue to pay provisional pension to the petitioner. 3 The writ petition is disposed of in terms of this order. Learned Counsel for the petitioner submits that he has instructions not to press prayer (B) in the writ petition. His statement is accepted. JUDGE JUDGE pma