1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 3162 OF 2008 (Mrs. Urmila Ramji Pande .v. Regional Commissioner and another) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : D.D. SINHA AND PRASANNA B. VARALE, JJ. 08TH SEPTEMBER, 2008 Heard Mrs. Smita Deshpande, the learned Counsel for the petitioner, Shri S.K. Mishra, the learned Assistant Solicitor General for the respondent No.1 and Shri S.C. Mehadia, the learned Counsel for the respondent No.2. The learned Counsel for the petitioner submitted that the husband of the petitioner was in the employment of respondent No.2/WCL as Superintending Engineer (Civil). The husband of the petitioner died while he was in the employment on 22nd October, 2001. However, the pensionary benefits such as gratuity, provident fund etc. are still not settled by the competent authority and, therefore, appropriate direction in this regard be given. 2 The learned Counsel for the petitioner further states that the petitioner undertakes to vacate the official accommodation (quarter) provided by the respondent No.2/WCL within a period of thirty days from today. The Undertaking in this regard shall be filed in this Court within a period of one week. Shri S.C. Mehadia, the learned Counsel for the respondent No.2 has submitted that insofar as provident fund and family pension are concerned, the proposal in this regard has already forwarded by WCL to the Coal Mines Provident Fund Commissioner on 10th June, 2004, whereas gratuity is concerned, the petitioner is required to move an application under the Payment of Gratuity Act before the competent authority. In the backdrop of the above facts, we dispose of the petition with a direction to the respondent No.1 to take a decision on the proposal submitted by the respondent No.2/WCL so far as the case of the provident fund and family pension is concerned at the earliest in accordance with law. It is open for the petitioner to move the competent authority for gratuity. The petitioner should vacate the official accommodation within a period of thirty days from today. 3 With these observations, writ petition stands disposed of accordingly. Steno copy of this order duly authenticated by the Court Sheristedar be furnished to the learned Counsel appearing on behalf of the respective parties on payment of usual charges to act upon. JUDGE JUDGE *rrg.