:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2740 OF 2007 IN WRIT PETITION NO. 600 OF 2003 Maruti Baburao Shinde ..Applicant Vs. 1. Sangola Taluka Shikshan Prasarak Mandal and ors. ..Respondents Mr. S.S. Patwardhan for applicant. Mr. S.S. Deshmukh for respondent nos.1 and 2. Mr. S.K. Chinchalikar, AGP for resondent nos.3 & 4. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : January 23, 2008. Date : January 23, 2008. Date : January 23, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Patwardhan the learned counsel for the applicant. Mr. S.S. Deshmukh appears for the respondent nos.1 and 2. The learned AGP appears for respondent nos.3 and 4. 2. The applicant prays for directions to release his pensionary dues during the pendency of the writ petition filed by the employer i.e. Writ Petition No. 600 of 2003. In Appeal No. 76 of 2002 the applicant has succeeded for recording/altering the date of birth :2: from 1/6/1944 to 22/12/1945 and the same order is under challenge in the writ petition, which has been admitted and the order has been stayed. 3. Mr. Patwardhan submitted that for the time being even if the applicant’s retiral dues are settled on the basis that he attained the age of superannuation on 31/5/2002, the applicant would be satisfied subject, however, to the final outcome in the pending writ petition. 4. Hence, it is directed that the respondent no.1 shall release the amount of retiral dues payable to the applicant on the basis that he attained the age of superannuation on 31/5/2002 and this payment shall be made within a period of eight weeks from today. The claim so accepted is without prejudice to the applicant’s right that may be subject to the final decision in Writ Petition No.600 of 2003. 5. The application is disposed off accordingly. :3: (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)