( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.619 OF 2008 NOTICE OF MOTION NO.619 OF 2008 NOTICE OF MOTION NO.619 OF 2008 IN IN IN WRIT PETITION NO.77 OF 2007 WRIT PETITION NO.77 OF 2007 WRIT PETITION NO.77 OF 2007 Anand Y.Pawar & Others .. Petitioners V/s The State of Maharashtra & Ors. .. Respondents Ms.Seema Chopda for the Petitioners. Mr.P.G.Lad, AGP for the Respondents. CORAM : CORAM : CORAM : J.N.PATEL & J.N.PATEL & J.N.PATEL & R.G.KETKAR, JJ. R.G.KETKAR, JJ. R.G.KETKAR, JJ. DATE : 30TH MARCH, 2009. DATE : 30TH MARCH, 2009. DATE : 30TH MARCH, 2009. P.C. P.C. P.C. 1. This notice of motion has been moved by one of the Petitioners Mr.Thomas Andru Tuscano seeking direction from this Court against the Respondents to release his terminal benefits like gratuity, pension etc. calculating his salary in the cadre of Wireman. 2. The learned AGP appearing for the Respondents states that so far as gratuity is concerned, it has already been released after deducting the amounts to be recovered from the Petitioner-Applicant. The learned AGP further states that so far as pension is concerned, the Petitioner-Applicant will be paid provisional pension and for that purpose necessary orders have been passed. The Applicant therefore should collect the said orders, complete all the formalities and avail of the said provisional pensionary benefits. ( 2 ) 3. So far as the claim of the Applicant that he is entitled to pension on the basis of last drawn salary in the cadre of Wireman, the question as to whether the Applicant was eligible to be promoted as Assistant Wireman or Wireman is in dispute and unless it is finally adjudicated upon, the Respondents cannot be directed by way of an interim order to calculate the pension as claimed by the Applicant. 4. Notice of Motion stands disposed of accordingly. (J.N.PATEL, J.) (J.N.PATEL, J.) (J.N.PATEL, J.) (R.G.KETKAR, J.) (R.G.KETKAR, J.) (R.G.KETKAR, J.)