1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3153 of 2009 Pandurang Narayan Sakpal .... Petitioner V/s. The State of Maharashtra and Ors. ..... Respondents Mr.N.V.Bandiwadekar, for the petitioner. Mrs.M.P.Thakur, AGP, for respondent Nos.1 to 3 and 6. Mr.M.S.Lagu, for respondent Nos.4 and 5. CORAM :P.B.MAJMUDAR & R.G.KETKAR, JJ. DATE : 23TH APRIL, 2010 P.C. 1. By way of this petition, the petitioner has challenged the action of the respondent State in not paying him provisional pension as per the Pension Rules. The petitioner has retired from the post of Superintendent from the respondent No.5 College from 29-02-2008. The grievance of the petitioner is that even though he is entitled to get provisional pension, the same is not paid to him. 2. It is not in dispute that the petitioner has now been retired from the service from the respondent No.5 College. However, a criminal case is pending against him. The grievance of the petitioner is that even though regular pension is not paid, at least provisional pension is required to be paid to him. 2 3. In this connection, learned AGP states that after examining the relevant papers, now it is decided by the Department to release provisional pension in favour of the petitioner with effect from 01-09-2008, till the finalization of departmental/judicial inquiry. Learned AGP has placed on record report submitted by Senior Accounts Officer of the Audit Department, dated 22-04-2010, wherein it is clearly mentioned that provisional pension of the petitioner is fixed At Rs.6,356/- p.m. which is to be paid from 01-09-2008. The said report is taken on record. Since the Department has already sanctioned provisional pension to the petitioner, learned counsel for the petitioner states that the petition now may be disposed of and he may not press the same. Learned counsel for the petitioner further requested that certain amount towards encashment of leave due to the petitioner has not been paid. Learned counsel appearing for respondent-management submitted that the management has already calculated the amount payable to the petitioner and the same has been submitted to the Department by the management. In this behalf, it will be open to the petitioner to make a representation to the State Government. If any representation is made, the State Government/department may take appropriate decision on the representation of the petitioner in accordance with law and as per the rules about the payment of arrears of encashment of leave due to the 3 petitioner. On this aspect, it is for the department to decide the such representation of the petitioner as per the service record of the petitioner and as per rules and such representation may be decided preferably within a period of three months from the receipt of representation from the petitioner. 4. In view of what has been stated above, the writ petition is disposed of. 5. It is clarified that payment of provisional pension shall be subject to the result in a criminal case or in departmental proceedings, as the case may be, and if any orders are passed in any of these proceedings either way, the life of the provisional pension would be on that line only. ( R.G.KETKAR, J. ) ( P.B.MAJMUDAR, J. )