1 570110 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5701 OF 2010 Ashok Sidramappa Nalwar ...Petitioner V/s. Municipal Corporation for the City of Solapur & Ors. ...Respondents Mr. Sachin Dhakephalkar for the Petitioner Mr. Vijay Killedar i/by Mr. Nitin Jamdar for Respondents No. 1 to 4 Mr. P.P. Kakade, A.G.P., for Respondent No. 5. CORAM: A.M. KHANWILKAR AND MRS. MRIDULA BHATKAR , JJ. DATE: 1ST APRIL, 2011 P.C.:- Heard the counsel for the parties. 2. The counsel for the respondent-Corporation submits that the Corporation is more than willing to disburse the pensionary dues payable to the petitioner. However, they are not in a position to process the proposal, as the petitioner has filed suit before the Court of Civil Judge (Senior Division), Solapur, being Civil Suit No. 286 of 2010, praying for 2 570110 declaration and mandatory direction against the Corporation to give him benefit of pension also for the period when he was unauthorisedly absent from duty. 3. The fact that such a suit is pending, in our opinion, should not come in the way of the Corporation processing the proposal on the basis of other admitted pension dues payable to the petitioner. The disputed period and the additional pensionary benefit on account of the said period, if decided in favour of the petitioner, can always be released by the Corporation at a later date, subject to the outcome of the civil proceedings. In other words, the Corporation shall process the proposal de hors the disputed period, and release the pensionary dues payable to the petitioner with regard to the undisputed period forthwith. 4. The counsel for the Corporation states that the proposal will be processed, and requisite amount will be disbursed to the petitioner as expeditiously as possible, and in any case, within two months from today. That statement is accepted. 5. The counsel for the petitioner submits that, in view of the above arrangement, the petition can be disposed of, with liberty to the 3 570110 petitioner to pursue his civil suit, and to claim further pensionary benefit, depending on the outcome of the said suit. Ordered accordingly. MRS. MRIDULA BHATKAR, J. A.M. KHANWILKAR, J.