1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Civil Application No. 2711 of 2009 In Civil Writ Petition No. 1759 of 2004 WITH Civil Application No. 2712 of 2009 In Civil Writ Petition No. 1759 of 2004 1. S.G. Kanitkar and ors. .. Applicants Vs. The State of Maharashtra and ors. .. Respondents Mr. S.G. Deshmukh for applicants. Mr. S.D. Rayrikar, AGP for respondent nos.1 and 2. Smt. Beena Menon for respondent no.3. Mr. A.M. Kulkarni for respondent no.6. CORAM: B.H.MARLAPALLE & R.Y. GANOO,JJ. December 01, 2009. P.C. 1. We have heard Mr. Deshmukh the learned counsel for the applicants, Mr. Rayrikar, AGP, appears for respondent nos.1 and 2, Smt. Menon appears for respondent no.3 and Mr. Kulkarni appears for respondent no.6. 2. Both these applications pray for a common relief for 2 directions to respondent nos.1 and 2 to release the pensionary benefits on retirement. The first application has been made for the original petitioner no.24 – Shri Bhalchandra Mahadeo Kulkarni and the second application has been made for the original petitioner no.23 – Shri Madhav Shankar Vader. It is stated that Shri Bhalchandra Mahadeo Kulkarni retired on 30/9/2009 and Shri Madhav Shankar Vader retired on 30/6/2009 on attaining the age of 60 years. 3. Writ Petition Nos. 1759/04 and 1266/04 have challenged the Government decision to retire the teachers like the petitioners on reaching the age of 58 years and the petitions have been admitted. By way of interim relief, the petitioners were directed to be retained in service till the age of 60 years and, therefore, all the petitioners continued in service beyond the age of 58 years. As noted earlier, two petitioners i.e. petitioner no.23 and petitioner no.24 in Writ Petition No. 1759 of 2004 have recently retired but no steps have been taken by the authorities concerned to fix and release their pensionary benefits. 4. Our attention has been invited to different decisions of 3 this court for and against the petitioners and, therefore, we have called upon the learned AGP to place before us the relevant factual information so as to pass further appropriate orders in these two petitions i.e. Writ Petition Nos.1759 and 1266 of 2004. We are also informed by Mr. Pakale that there are some more petitions praying for a similar relief and he has assured us that the numbers of such petitions will be intimated by him to the Sheristedar of this court so that all the petitions are clubbed together. 5. It was also submitted by Mr. Deshmukh that petitioner no. 12 in Writ Petition No. 1759 of 2004 i.e. Shri K.S. Mhetre retired on 31/3/2008 and the respondent nos.1 and 2 have released his pensionary benefits as if he had retired on reaching the age of 60 years. 6. Be that as it may, we direct the respondent nos.1 and 2 to release the pensionary benefits of Shri Bhalchandra Mahadeo Kulkarni and Shri Madhav Shankar Vader on the basis that they have retired on reaching the age of 58 years and the pensionary benefits so fixed shall be treated as provisional and subject to the final decision in the pending petitions. 4 7. The provisional pensionary benefits shall be released as expeditiously as possible and preferably before 31st January, 2010. 8. Civil Applications are allowed in terms of the above directions. (R.Y.GANOO,J.) (B.H.MARLAPALLE,J.)