(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 435 OF 2009 Balbhim s/o. Bhanudas Chonde, Age : 60 years, Occupation : Retired servant, R/o. Kallam, Taluka : Kallam, District : Osmanabad. .. Petitioner. versus 1. The State of Maharashtra, through Accountant General at Nagpur. 2. The District Collector, Osmanabad, District : Osmanabad. 3. The Municipal Council, Kallam, Through its Chief Officer at Kallam, Taluka : Kallam, District : Osmanabad. .. Respondents. .......................... Mr. K.B. Jadhav, Advocate, holding for Mr. P.B. Rakhunde, Advocate, for the petitioner. Mr. B.V. Wagh, Assistant Government Pleader, for respondent nos.1 and 2. Mr. B.R. Sontakke Patil, Advocate, for respondent no.3. .......................... (2) CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 1ST SEPTEMBER 2009. COURT'S ORDER : 1. The petition is filed with a prayer for direction to the respondent, Municipal Council, to release pensionary benefits and other consequential benefits. 2. Mr. B.R. Sontakke Patil, learned Counsel appearing for respondent no.3, on instructions, makes a statement, that the respondent no.3 has already paid Provident Fund to the petitioner, so also, the pensionary benefits are made applicable. He submits that what is remained to be paid, is only gratuity, and that has not been paid since a departmental proceedings is pending against the petitioner. It is submitted that the departmental proceedings would be concluded by 31st December 2009 and thereafter the payment of gratuity, as found to be entitled, would be made within a period of three months. 3. Hence, the petition is disposed of by recording statement made on behalf of respondent no.3. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE bgp/435wp