wp3982.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3982 OF 2009 Bhagwat Ramdas Patil, R/o-31, Ganesh Colony, Pachora, Tq-Pachora, Dist-Jalgaon. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through its Secretary, Education Department, Mantralaya, Mumbai, 2) The Deputy Director of Education, Nashik Region, Nashik, Jail Road, In the premises of Revenue Commissioner's Office, Security Note Press Road, Nashik, 3) Education Officer (Secondary), Zilla Parishad, Jalgaon, 4) Accountant General, Mumbai, A & E Maharashtra, 101, Karve Road, New Marine Line, Opposite Wankhede Stadium, Mumbai - 400 020, 5) The Pachora Taluka Sahakari Shikshan Sanstha Ltd., Pachora, Tq-Pachora, Dist-Jalgaon, Through its Chairman, wp3982.09 2 6) The Head Master, Sau Sumantai Giridhar Patil Madhyamik Vidyalaya, Bhagaon, Tq-Bhadgaon, Dist-Jalgaon, 7) The Head Master, Shri Govindram Saxeria High School, Pachora, Tq-Pachora, Dist-Jalgaon. ...RESPONDENTS. ... Shri.Nagargoje Advocate h/f. Shri. P.R. Katneshwarkar Advocate for Petitioner. Shri.K.J. Ghute Patil, A.G.P. for Respondent Nos.1 to 3. Shri.S.S. Deshmukh Advocate for Respondent Nos. 5 to 7. ... CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 8TH SEPTEMBER, 2011. PER COURT : 1. Heard learned counsel appearing for the respective parties. 2. We have perused the proceedings of Writ wp3982.09 3 Petition No.6127 of 2007. We have considered the submissions advanced. The Petitioner prays for following substantive reliefs: "(b) Issue a Writ of mandamus any other writ in the nature of writ of mandamus and direct the respondents to prepare and forward the pension proposal of the petitioner within stipulated time and to pay the petitioner all the pensionary and retiral benefits within the stipulated time and for that purpose issue necessary orders. (c) By an appropriate writ, order of direction direct the respondents No.3, 5, 6 and 7 to pay the arrears of salary to the petitioner w.e.f. June, 2007 till the date of his retirement i.e. 31.05.2008 of the post of Office Superintendent and for that purpose issue necessary orders. wp3982.09 4 (d) Direct the respondents to pay the interest on the arrears of salary, unpaid pensionary and retiral benefits of the petitioner @ 12% p.a. till the actual payment is made to the petitioner and for that purpose issue necessary orders." 3. From the material placed on record, it is noticed that the parties are at dispute and engaged in litigation in respect of services of the Petitioner, promotion, arrears of payment of salary etc. It is admitted fact that the Petitioner got retired on 31st May, 2008. Naturally the Petitioner is interested to get his pension awarded by the appropriate authorities on the proposal forwarded by the Management. The Petitioner prays for direction to Respondents to prepare and forward his pension papers in accordance with the claim raised by the Petitioner. In view of the submissions advanced wp3982.09 5 and material placed before us, we pass following order without prejudice to the rights of the parties. 4. We direct the Respondent Management to forward pension proposal of the Petitioner to the appropriate authorities within six weeks from today. We direct the Education Officer (Secondary), Zilla Parishad, Jalgaon to consider the pension proposal forwarded by the Management and take further effective steps in that regard. 5. Learned counsel for the Petitioner undertakes to file comprehensive representation before the Respondent Management within one week in respect of period between 2001 to 2008, which according to the contesting parties, is a period in respect of extra ordinary leave. In case the Respondent Management receives such a representation, the Respondent Management shall pass appropriate, brief, reasoned order on the wp3982.09 6 said representation, within three weeks from the date of its receipt and communicate the same to the Petitioner. 6. With these directions, the Writ Petition is disposed of. It is clarified that this Court has not finally decided the issue raised in the proceedings of this Writ Petition. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/SEPT11