1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAW NO. 2081/2009 IN WRIT PETITION NO. 1028 OF 1999 (H.M. Paliwal vs. State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & F.M. REIS, JJ. SEPTEMBER 30, 2009. Heard Mrs. Jaishree Rao, learned counsel for the applicant/ petitioner, Shri Doifode, learned AGP for respondent No.1 and Shri Meghe, learned counsel for respondent No.2. Shri Meghe, learned counsel for respondent No.2 – Zilla Parishad states that Gratuity amount of Rs. 1,07,471/-, leave encashment benefit of Rs.81,360/- and an amount of Rs.32,153/- on account of difference because of 5th Wage Revision are already deposited with the Registry of this Court. He further states that pension papers of the petitioner are already forwarded by Respondent No.2 to Respondent No.1. The learned AGP points out that pension papers are received by the Government in the month of August 2009 and he states that at the earliest the pension of the petitioner will be settled. In these circumstances, we permit the petitioner to withdraw the amounts in deposit with the 2 Registry of this Court without prejudice to his rights. Similarly, we direct the Accountant General, Nagpur (Pension Section) to fix the pension of the petitioner as early as possible and in any case by 28th February 2010. While working out the pension arrears, the said office shall also examine the entitlement of the petitioner to interest in accordance with Rule 129 (A) and (B) of Maharashtra Civil Services (Pension) Rules, 1982. In these circumstances, we find that the grievance of the petitioner is satisfied as on today. The petitioner is free to receive pension as fixed along with arrears without prejudice to his rights and challenge the order if it is ultimately found adverse by him. With this liberty, writ petition is disposed of. Rule accordingly. However, there shall be no order as to costs. JUDGE JUDGE *GS.