103wp2241.10.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.2241 of 2010 (Shantadevi Kanhaiyyalal Bidiya .vs. State and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and A. P. Bhangale, JJ. Date : 10/03/2011. Heard Mr.Mohd. Ateeque, Adv. for the petitioner, Mrs.Rashi Deshpande, Assistant Government Pleader for respondent nos. 1 to 3 and Mr.A.M.Ghare, Adv. for respondent no.4. In the instant petition, the petitioner is seeking direction to respondent no.4 to pay the retiral benefits like gratuity, commutation of pension, arrears of 6th Pay Commission etc. It is brought to the notice of this Court that the petitioner has already been paid the amount of Gratuity, Provident Fund etc.; however, so far as the issue about payment of amount of 103wp2241.10.odt 2 . commutation of pension is concerned, same would be paid to the petitioner accordingly. Mr.A.M.Ghare, Adv. for respondent no.4 has submitted that there is a list of retired employees, those who are 36 in number, whose claim for commutation of pension is pending for shortage of funds. It is contended that appropriate steps for making payment to the petitioner in this regard shall be taken based on availability of funds and after clearing the claims of the already retired employees those who are senior than the petitioner. It is not in dispute that the petitioner has been paid the amount of Gratuity, Provident Fund etc. and the claim of the petitioner is now only related to payment of amount of commutation of pension, which is due and payable. It appears that the employees those who are already retired and senior to the petitioner, their claims in this regard are also not settled by the Municipal Council. However, it is a high time that the Municipal Council shall make payments towards commutation of pension to the retired employees; however, Mr.A.M.Ghare, Adv. has expressed difficulty about shortage of funds and 103wp2241.10.odt 3 . therefore, we direct the Municipal Council to make payment to the petitioner regarding commutation of pension within a period of four months from today and we also expect the State Government to look into this matter and release the funds at the earliest. If the Municipal Council has already received funds from the State Government for making payment to the petitioner towards commutation of pension, in that event, the Municipal Council shall make payment towards commutation of pension to the petitioner within six weeks from today. These directions shall be followed scrupulously. In view of the above referred facts, nothing survives in the present petition. Hence, the same is disposed of accordingly. JUDGE JUDGE jais