1 wp10422-10 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10422 OF 2010 Naresh Govind Vaze .. Petitioner Vs. The Registrar General High Court of Bombay, Mumbai 23 and Ors. .. Respondents Petitioner present in person Mr.Rajesh Datar for respondent no.1 and 3 Mr.C.R.Sonawane, A.G.P. for respondent nos.2 and 4 CORAM: D.K.DESHMUKH & K.K. TATED, JJ. DATE: 20TH JANUARY, 2011 P.C. 1. Rule returnable forthwith. 2. Heard finally by consent of the parties. 3. The only relief claimed by the petitioner who was a judicial officer is that the pension to which he is entitled under the order dt.14.12.2005 passed by the Government itself should be released to him as expeditiously as possible. 2 wp10422-10 4. The only objection raised on behalf of respondent no.4 is that the petitioner does not complete 10 years of qualifying service unless period of 74 days of extraordinary leave is condoned. 5. In our opinion, the objection of respondent no.4 is not proper. The government has already directed by order dt.14.12.2005 that the petitioner is entitled to grant of 2/3rd compassionate retirement pension as admissible under rule 100 of Maharashtra Civil Service (Pension) Rules, 1982. This order amounts to the government holding that the petitioner has qualifying service for pension to his credit which will also amount to condonation of period of 74 days, if it is said to be necessary. In this view of the matter, therefore in our opinion, pension of the petitioner has to be released. We accordingly make rule in this petition absolute in terms of prayer clause 23(2) with no order as to costs. 6. Government is directed to release arrears of pension within a period of 2 months from today and then, continue to pay pension to the petitioner in accordance with law regularly. (D.K. DESHMUKH, J) (K.K. TATED, J)