1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CAW No.666/11 in Writ Petition No.2889/1997 Alegaon Education Society, Alegaon and others Vs. State of Maharashtra and others. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Khapre, Advocate for the petitioners. Mr. Sonak, AGP for the respondents. CORAM: S.A. BOBDE & S.B. DESHMUKH, JJ. DATE : 16/3/2011 Heard. It appears that there is delay of about one month in preferring the civil application for setting aside the abatement. Having regard to the circumstances of the case and factors formulated in the civil application for setting aside the abatement, we condone the delay and set aside the abatement. CAW No. 665/2011 Heard. By this Civil Application, the applicants seek to bring on record the legal legal representatives of deceased petitioner no. 2. For the reasons stated in the civil application, the same is allowed. The petitioners are permitted to bring on record the legal representatives of deceased petitioner no.2, whose names are mentioned in paragraph 2 of the 2 civil application. Amendment to be carried out within a period of one week. Amendment slip be served on the respondents. Civil application stands disposed of. CAW No. 664/2011 Heard. It is an admitted fact that the dispute in the petition is regarding retirement age. The respondents claim that petitioner no.2 ought to have retired at the age of 58 years. However, as a matter of fact, petitioner no.2 continued till the age of 60 years in service. Shri Khapre, learned counsel for the petitioners submits that the issue of the correct retirement age may be decided later on. Presently, the family of petitioner no.2 is undergoing hardship because petitioner no.2 has expired after retirement and, therefore, the learned counsel for the petitioners prays for direction to the respondents to release provisional pension on the basis that petitioner no.2 had retired at the age of 58 years which is an undisputed age. In the circumstances, the provisional family pension be calculated on the basis that petitioner no. 2 retired at the age of 58 years. The petitioners shall not be 3 entitled to claim any advantage or difference on that basis. The same shall be subject to final decision of the petitioner. Civil Application stands disposed of accordingly. JUDGE JUDGE Ambulkar.